State v. Darin Chadwick

• Court: Idaho Court of Appeals
• Decided: July 15, 2016
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43829

STATE OF IDAHO, ) 2016 Unpublished Opinion No. 597 ) Plaintiff-Respondent, ) Filed: July 15, 2016 ) v. ) Stephen W. Kenyon, Clerk ) DARIN CHADWICK, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY )

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Dane H. Watkins, Jr., District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of one year, for felony indecent exposure, affirmed.

Eric D. Fredericksen, Interim State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

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

Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________

PER CURIAM Darin Chadwick pled guilty to felony indecent exposure, Idaho Code § 18-4116. The district court imposed a unified sentence of ten years, with a minimum period of confinement of one year. Chadwick filed an Idaho Criminal Rule 35 motion for reduction of sentence, which the district court denied. Chadwick 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.

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