State v. Shaun Michael Butticci-Briones

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 39047 STATE OF IDAHO, ) 2012 Unpublished Opinion No. 443 ) Plaintiff-Respondent, ) Filed: April 12, 2012 ) v. ) Stephen W. Kenyon, Clerk ) SHAUN MICHAEL BUTTICCI-BRIONES, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Michael E. Wetherell, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of two years, for failure to register as a sex offender, affirmed. Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before LANSING, Judge; GUTIERREZ, Judge; and MELANSON, Judge PER CURIAM Shaun Michael Butticci-Briones pled guilty to failure to register as a sex offender. I.C. § 18-8309. In exchange for his guilty plea, the state dismissed an allegation that Butticci-Briones was a persistent violator. The district court sentenced Butticci-Briones to a unified term of ten years, with a minimum period of confinement of two years, to run consecutive to an unrelated sentence. Butticci-Briones appeals. 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, Butticci-Briones’s judgment of conviction and sentence are affirmed. 2