State v. Michael Angelo Johnson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 42618 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 647 ) Plaintiff-Respondent, ) Filed: September 30, 2015 ) v. ) Stephen W. Kenyon, Clerk ) MICHAEL ANGELO JOHNSON, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Jon J. Shindurling, District Judge. Judgment of conviction and unified sentence of ten years with three years determinate for delivery of a controlled substance, affirmed. Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, 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; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Michael Angelo Johnson pled guilty to delivery of a controlled substance. Idaho Code § 37-2732(a)(1)(A). The district court sentenced Johnson to a unified term of ten years with three years determinate. Johnson 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, Johnson’s judgment of conviction and sentence are affirmed. 2