State v. Irene Francis Shayen

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 38689 STATE OF IDAHO, ) 2012 Unpublished Opinion No. 455 ) Plaintiff-Respondent, ) Filed: April 30, 2012 ) v. ) Stephen W. Kenyon, Clerk ) IRENE FRANCIS SHAYEN, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the First Judicial District, State of Idaho, Boundary County. Hon. Steven C. Verby, District Judge. Judgment of conviction and unified sentence of three years, with a minimum period of confinement of one year, for battery on a police officer, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; LANSING, Judge; and MELANSON, Judge PER CURIAM Irene Francis Shayen entered an Alford 1 plea to battery on a police officer. I.C. §§ 18- 915(1)(b) and (3)(b). In exchange for her guilty plea, additional charges were dismissed. The district court sentenced Shayen to a unified term of three years, with a minimum period of confinement of one year, but retained jurisdiction. Shayen appeals, asserting that her 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 1 See North Carolina v. Alford, 400 U.S. 25 (1970). 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, Shayen’s judgment of conviction and sentence are affirmed. 2