State v. Dempsey

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 46277

STATE OF IDAHO, ) ) Filed: January 30, 2019 Plaintiff-Respondent, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED MARISSA SHANNEL DEMPSEY, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant.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. Nancy Baskin, District Judge.

Judgment of conviction and unified sentence of twelve years, with a minimum period of confinement of two years, for aiding and abetting grand theft, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant.

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

Before HUSKEY, Judge; LORELLO, Judge; and BRAILSFORD, Judge ________________________________________________

PER CURIAM Marissa Shannel Dempsey pled guilty to aiding and abetting grand theft. I.C. §§ 18- 2403(1), 18-2407, 18-2409, and 18-204. In exchange for her guilty plea, additional charges were dismissed. The district court sentenced Dempsey to a unified term of twelve years, with a minimum period of confinement of two years, to run concurrently with an unrelated sentence. Dempsey appeals, claiming her 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

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