State v. Duane Lee Dowell

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 42066 STATE OF IDAHO, ) 2014 Unpublished Opinion No. 799 ) Plaintiff-Respondent, ) Filed: November 5, 2014 ) v. ) Stephen W. Kenyon, Clerk ) DUANE LEE DOWELL, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Christopher S. Nye, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of five years, for sexual abuse of a child under the age of sixteen years, affirmed. Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge PER CURIAM Duane Lee Dowell was convicted of sexual abuse of a child under the age of sixteen years, Idaho Code § 18-1506(1)(b). The district court sentenced Dowell to a unified term of ten years, with a minimum period of confinement of five years. Dowell 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, Dowell’s judgment of conviction and sentence are affirmed. 2