State v. Barner

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45053

STATE OF IDAHO, )

) Filed: June 28, 2018 Plaintiff-Respondent, )

) Karel A. Lehrman, Clerk v. )

) THIS IS AN UNPUBLISHED JAVAR D. BARNER, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. )

)

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Steven Hippler, District Judge.

Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of two years, for accepting the earnings of a prostitute, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant.

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

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Before GRATTON, Chief Judge; HUSKEY, Judge;

and LORELLO, Judge

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PER CURIAM Javar D. Barner pleaded guilty to accepting the earnings of a prostitute, felony, Idaho Code §§ 18-5606, -5613. The district court imposed a unified seven-year sentence, with two years determinate. Barner 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

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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, Barner’s judgment of conviction and sentence are affirmed.