State v. Gretchen Ann Lee (Cacciaguidi)

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 42748 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 619 ) Plaintiff-Respondent, ) Filed: September 10, 2015 ) v. ) Stephen W. Kenyon, Clerk ) GRETCHEN ANN LEE, aka ) THIS IS AN UNPUBLISHED CACCIAGUIDI, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge. Judgment of conviction and unified sentence of seven years with four years determinate for felony driving under the influence, affirmed. Sara B. Thomas, State Appellate Public Defender; Kimberly E. Smith, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Gretchen Ann Lee was found guilty of felony driving under the influence. Idaho Code §§ 18-8004, 18-8005(9). The district court sentenced Lee to a unified term of seven years with four years determinate. Lee 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- 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, Lee’s judgment of conviction and sentence are affirmed. 2