State v. Todd Edward Peterson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40790 STATE OF IDAHO, ) 2013 Unpublished Opinion No. 747 ) Plaintiff-Respondent, ) Filed: November 8, 2013 ) v. ) Stephen W. Kenyon, Clerk ) TODD EDWARD PETERSON, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge. Judgment of conviction and unified sentence of nine years, with a minimum period of confinement of three years, for felony driving under the influence, affirmed. Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM Todd Edward Peterson pled guilty to felony driving under the influence. Idaho Code § 18-8004, 18-8005. The district court sentenced Peterson to a unified term of nine years, with a minimum period of confinement of three years. Peterson appeals asserting that the district court abused its discretion by imposing an excessive sentence. 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, Peterson’s judgment of conviction and sentence are affirmed. 2