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State of Idaho v. Justin Wynn Tappan

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


February 12, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JUSTIN WYNN TAPPAN,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge.

Per curiam.

2013 Unpublished Opinion No. 355

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of fourteen years with a minimum period of confinement of two years for possession of methamphetamine with a repeat offender enhancement, affirmed.

Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge

Justin Wynn Tappan was convicted of possession of methamphetamine, Idaho Code § 37-2732(c)(1), with a repeat offender enhancement, I.C. § 37-2739. The district court sentenced Tappan to a unified term of fourteen years, with a minimum period of confinement of two years and ordered the sentence to run consecutive to the sentences in two separate cases. Tappan appeals, contending that his sentence is excessive.

Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014- 15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant's entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Tappan's judgment of conviction and sentence are affirmed.

20130212

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