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State of Idaho v. Michael Shawn South

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


May 2, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
MICHAEL SHAWN SOUTH,
DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge.

Per curiam.

2013 Unpublished Opinion No. 476

Stephen W. Kenyon, Clerk

) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of life, with five years determinate, for aggravated assault and being a persistent violator, affirmed.

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

Michael Shawn South was found guilty of aggravated assault and being a persistent violator. Idaho Code §§ 18-901(a), 18-905(b), 18-2514. The district court sentenced South to a unified term of life, with five years determinate, but retained jurisdiction. South appealed from the judgment of conviction.*fn1 On appeal, he contends the district court abused its discretion by imposing an excessive sentence--particularly, an excessive indeterminate term.

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


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