State v. Isaac Joseph Rinke

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41696 STATE OF IDAHO, ) 2014 Unpublished Opinion No. 659 ) Plaintiff-Respondent, ) Filed: August 12, 2014 ) v. ) Stephen W. Kenyon, Clerk ) ISAAC JOSEPH RINKE, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Michael E. Wetherell, District Judge. Judgment of conviction and determinate sentence of ten years for felony domestic violence and consecutive indeterminate sentence of fifteen years for attempted strangulation, affirmed. Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge PER CURIAM Isaac Joseph Rinke pled guilty to felony domestic violence, I.C. § 18-903(a) and 18- 918(2), and attempted strangulation, I.C. § 18-923. In exchange for his guilty pleas, additional charges were dismissed. The district court sentenced Rinke to a determinate term of ten years for felony domestic violence and a consecutive indeterminate term of fifteen years for attempted strangulation. Rinke filed an I.C.R. 35 motion for reduction of his sentences, which the district court denied. Rinke 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 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, Rinke’s judgment of conviction and sentences are affirmed. 2