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State v. Heughins

Court of Appeals of Idaho

March 10, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
JACOB RUSSELLE HEUGHINS, Defendant-Appellant.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 407

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge.

Judgment of conviction and unified sentence of six years, with a minimum period of confinement of two years, for felony operating a motor vehicle while under the influence of alcohol and driving without privileges, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, 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

In this consolidated appeal, Jacob Russelle Heughins was found guilty of felony operating a motor vehicle while under the influence of alcohol and driving without privileges. Idaho Code §§ 18-8004, 18-8005. The district court sentenced Heughins to a unified term of six years, with a minimum period of confinement of two years, suspended the sentence and placed Heughins on supervised probation for four years. Heughins 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, Heughins' judgment of conviction and sentences are affirmed.


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