State v. Kristopher Wayne Olsen

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 42818 STATE OF IDAHO, ) 2016 Unpublished Opinion No. 503 ) Plaintiff-Respondent, ) Filed: April 27, 2016 ) v. ) Stephen W. Kenyon, Clerk ) KRISTOPHER WAYNE OLSEN, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Thomas F. Neville, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of one and one-half years, for burglary, affirmed. Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before MELANSON, Chief Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Kristopher Wayne Olsen was found guilty of burglary. Idaho Code § 18-1401. The district court sentenced Olsen to a unified term of ten years with three years determinate and retained jurisdiction. The court subsequently relinquished jurisdiction, at which time it reduced Olsen’s sentence to a unified term of ten years with one and one-half years determinate. Olsen timely appeals after his appeal rights were reinstated as a result of post-conviction proceedings. Olsen asserts 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 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, Olsen’s judgment of conviction and sentence are affirmed. 2