October 2, 2013
STATE OF IDAHO, Plaintiff-Respondent,
FERNANDO CORTES-PONCE, Defendant-Appellant.
2013 Unpublished Opinion No. 690
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 twelve years, with five years determinate, for trafficking in cocaine, 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 GRATTON, Judge
Fernando Cortes-Ponce pled guilty to trafficking in cocaine, Idaho Code §§ 37-2732B(a)(2) and 18-204. The district court sentenced Cortes-Ponce to a unified term of twelve years, with five years determinate. Cortes-Ponce 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, Cortes-Ponce's judgment of conviction and sentence are affirmed.