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State v. Barnett

Court of Appeals of Idaho

May 22, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
RICHARD ANTHONY BARNETT, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 506

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge.

Judgment of conviction and unified sentence of five years with a minimum period of confinement of one and one-half years for felony eluding a peace officer.

Sara B. Thomas, State Appellate Public Defender; Sarah E. Tompkins, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM.

Richard Anthony Barnett was convicted of felony eluding a peace officer, Idaho Code § 49-1404(a)(c). The district court sentenced Barnett to a unified term of five years with a minimum period of confinement of one and one-half years. Barnett 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, Barnett's judgment of conviction and sentence are affirmed.


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