State v. Clint C. Largent

• Court: Idaho Court of Appeals
• Decided: February 10, 2014
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 40605

STATE OF IDAHO, ) 2014 Unpublished Opinion No. 369 ) Plaintiff-Respondent, ) Filed: February 10, 2014 ) v. ) Stephen W. Kenyon, Clerk ) CLINT C. LARGENT, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY )

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge.

Judgment of conviction and unified sentence of ten years with a minimum period of confinement of three years for felony driving under the influence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________

Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge

PER CURIAM Clint C. Largent was convicted of felony driving under the influence, Idaho Code §§ 18- 8004, 18-8005(6), and providing false information to law enforcement, I.C. § 18-5413(2). The district court sentenced Largent to a unified term of ten years with a minimum period of confinement of three years for driving under the influence and a concurrent 180-day sentence for providing false information. Largent appeals, contending that his sentence for driving under the influence 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

1 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, Largent’s judgment of conviction and sentence are affirmed.