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State v. Gonzales

Court of Appeals of Idaho

February 12, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
JOSHUA S. GONZALES, Defendant-Appellant.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 373

Appeal from the District Court of the Third Judicial District, State of Idaho, Payette County. Hon. Susan E. Wiebe, District Judge.

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of one year, for trafficking in marijuana, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, 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

PER CURIAM

Joshua S. Gonzales was found guilty of trafficking in marijuana. Idaho Code § 37-2732B(a)(1)(A). The district court sentenced Gonzales to a unified term of five years, with a minimum period of confinement of one year. Gonzales 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, Gonzales' judgment of conviction and sentence are affirmed.


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