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State v. Owen

Court of Appeals of Idaho

June 4, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
ANDREW C. McKNIGHT OWEN, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 521

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

Judgment of conviction and unified sentence of eight years, with a minimum period of confinement of four years, for aggravated battery, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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; GRATTON, Judge; and MELANSON, Judge

PER CURIAM

Andrew C. McKnight Owen pled guilty to aggravated battery. I.C. §§ 18-903(A), 18-907(1)(A) and/or (B). In exchange for his guilty plea, a firearm enhancement and an allegation that Owen was a persistent violator were dismissed. The district court sentenced Owen to a unified term of eight years, with a minimum period of confinement of four years. Owen appeals.

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


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