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State of Idaho v. Aldeshon Skyler Nappo

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


April 3, 2013

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
ALDESHON SKYLER NAPPO, DEFENDANT-APPELLANT.

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Peter D. McDermott, District Judge.

Per curiam.

2013 Unpublished Opinion No. 429

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of fifteen years with five years determinate for aggravated driving while under the influence of alcohol, and concurrent unified sentence of ten years with five years determinate for felony injury to child, affirmed.

Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge

Aldeshon Skyler Nappo was convicted of aggravated driving while under the influence of alcohol, Idaho Code §§ 18-8006, 18-8004(1)(a); and felony injury to a child, I.C. § 18-1501(1). The district court sentenced Nappo to a unified term of fifteen years with a minimum period of confinement of five years for the DUI, and a concurrent unified term of ten years with a minimum period of confinement of five years for injury to a child. Nappo appeals, contending that his sentences are 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, Nappo's judgment of conviction and sentences are affirmed.

20130403

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