State v. Montale L. Berry

               IN THE COURT OF APPEALS OF THE STATE OF IDAHO

                                       Docket No. 41829

STATE OF IDAHO,                                 )   2015 Unpublished Opinion No. 353
                                                )
       Plaintiff-Respondent,                    )   Filed: February 13, 2015
                                                )
v.                                              )   Stephen W. Kenyon, Clerk
                                                )
MONTALE L. BERRY,                               )   THIS IS AN UNPUBLISHED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,
       Elmore County. Hon. Lynn G. Norton, District Judge.

       Judgment of conviction and unified sentence of five years, with a minimum
       period of confinement of two years, for aggravated assault, affirmed.

       Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy
       Appellate Public Defender, Boise, for appellant.

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

                    Before MELANSON, Chief Judge; LANSING, Judge;
                                and GUTIERREZ, Judge
                  ________________________________________________

PER CURIAM
       Montale L. Berry was found guilty of aggravated assault. I.C. §§ 18-901, 18-905(a). The
district court sentenced Berry to a unified term of five years, with a minimum period of
confinement of two years, to run concurrently with an unrelated sentence. Berry filed an I.C.R
35 motion, which the district court denied. Berry 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
need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-


                                                1
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, Berry’s judgment of conviction and sentence are affirmed.




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State v. Montale L. Berry

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