2013 Unpublished Opinion No. 782
Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge.
Judgment of conviction and sentence for felony domestic battery, affirmed.
Clark and Feeney; John C. Mitchell, Lewiston, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.
John Joseph Marr appeals from the district court's judgment entered after his conviction for felony domestic battery. Marr contends that the district court erred in imposing sentence by failing to consider the sentencing factors set forth in Idaho Code § 19-2521 and that his sentence is otherwise excessive. He also contends that his trial counsel was ineffective. We affirm.
After an assault on Marr's wife, Marcy, the State charged Marr with felony attempted strangulation, I.C. § 18-923; and felony domestic battery, I.C. §§ 18-918(2), 18-903. Marr pleaded not guilty to both charges and the matter proceeded to trial. A jury acquitted Marr of attempted strangulation but found him guilty of felony domestic battery. The district court imposed a unified sentence of ten years, with eight years fixed. Marr appeals.
A. Sentence Review