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State v. Aguilar-Penaloza

Court of Appeals of Idaho

November 20, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
ALEJANDRO AGUILAR-PENALOZA, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 756

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Joel E. Tingey, District Judge.

Judgment of conviction and sentence of four years indeterminate for felony driving under the influence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Erik R. Lehtinen, Chief, Appellate Unit, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge

PER CURIAM

Alejandro Aguilar-Penaloza pled guilty to felony driving under the influence. Idaho Code §§ 18-8004, 18-8005(9), and 18-8008. The district court sentenced Aguilar-Penaloza to an indeterminate term of four years. Aguilar-Penaloza appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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, Aguilar-Penaloza's judgment of conviction and sentence are affirmed.


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