State v. Zachary Eugene Tharp

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43908

STATE OF IDAHO, ) 2016 Unpublished Opinion No. 630 )

Plaintiff-Respondent, ) Filed: August 4, 2016 )

v. ) Stephen W. Kenyon, Clerk )

ZACHARY EUGENE THARP, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Steven J. Hippler, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of seven years, for unlawful discharge of a firearm into a dwelling house, affirmed.

Eric D. Fredericksen, Interim State Appellate Public Defender; Brian R. Dickson, 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 MELANSON, Chief Judge; GRATTON, Judge;

and HUSKEY, Judge

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PER CURIAM Zachary Eugene Tharp pled guilty to unlawful discharge of a firearm into a dwelling house. I.C. § 18-3317. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Tharp to a unified term of fifteen years, with a minimum period of confinement of seven years. Tharp appeals.

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

2

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