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State v. Bradley

Court of Appeals of Idaho

November 27, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
BLAIR FREDERICK BRADLEY, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 772

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 unified sentence of eight years, with a minimum period of confinement of two years, for felony driving under the influence.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

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

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

PER CURIAM

Blair Frederick Bradley was convicted of felony driving under the influence, Idaho Code §§ 18-8004, 18-8005(6), 18-8008. The district court sentenced Bradley to a unified term of eight years, with a minimum period of confinement of two years, suspended the sentence, and placed him on probation. Bradley 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, Bradley's judgment of conviction and sentence are affirmed.


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