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State v. Funkhouser

Court of Appeals of Idaho

December 23, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
JOHN AUGUST FUNKHOUSER, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 800

Appeal from the District Court of the First Judicial District, State of Idaho, Boundary County. Hon. John T. Mitchell, District Judge.

Judgment of conviction and unified life sentence, with a minimum period of confinement of six years, for second degree murder, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; LANSING, Judge; and GRATTON, Judge.

PER CURIAM.

John August Funkhouser was found guilty of second degree murder. I.C. §§ 18-4001, 18-4002, and 18-4003. The district court sentenced Funkhouser to a unified life term, with a minimum period of confinement of six years. Funkhouser 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, Funkhouser's judgment of conviction and sentence are affirmed.


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