State v. Randall Franklin Williams

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 39884 STATE OF IDAHO, ) 2013 Unpublished Opinion No. 325 ) Plaintiff-Respondent, ) Filed: January 14, 2013 ) v. ) Stephen W. Kenyon, Clerk ) RANDALL FRANKLIN WILLIAMS, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge. Judgment of conviction and unified sentence of eight years, with two years determinate, for grand theft by possession, affirmed. Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge PER CURIAM Randall Franklin Williams pled guilty to grand theft by possession. Idaho Code §§ 18-2403(4), 18-2407(1)(b). The district court sentenced Williams to a unified term of eight years, with two years determinate. Williams filed an Idaho Criminal Rule 35 motion for a reduction of his sentence, which the district court denied. Williams now appeals, contending 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, William’s judgment of conviction and sentence are affirmed. 2