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State of Idaho v. Jasper Emmitt Wilcox

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


April 26, 2013

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
JASPER EMMITT WILCOX,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Timothy Lee Hansen, District Judge.

Per curiam.

2013 Unpublished Opinion No. 467

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of ten years, with three years determinate, for felony injury to a child, affirmed.

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

Jasper Emmitt Wilcox pled guilty to felony injury to a child. Idaho Code § 18-1501(1). The district court sentenced Wilcox to a unified term of ten years, with three years determinate. Wilcox appeals, contending 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, Wilcox's judgment of conviction and sentence are affirmed.

20130426

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