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State v. Bushlow

Court of Appeals of Idaho

May 23, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
PAUL EDWARD BUSHLOW, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 510

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Robert C. Naftz, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years, for possession of sexually exploitative materials, affirmed.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, 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 MELANSON, Judge.

PER CURIAM

Paul Edward Bushlow was convicted of possession of sexually exploitative materials, Idaho Code § 18-1507A(2). The district court sentenced Bushlow to a unified term of ten years, with a minimum period of confinement of three years. Bushlow 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, Bushlow's judgment of conviction and sentence are affirmed.


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