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State of Idaho v. Rickey Dee Sedlacek

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


April 24, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
RICKEY DEE SEDLACEK,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Thomas F. Neville, District Judge.

Per curiam.

2013 Unpublished Opinion No. 458

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of two years, for burglary, affirmed.

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

Rickey Dee Sedlacek pled guilty to burglary. Idaho Code § 18-1401, 18-204. The district court sentenced Sedlacek to a unified term of seven years, with a minimum period of confinement of two years. Sedlacek appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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, Sedlacek's judgment of conviction and sentence are affirmed.

20130424

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