IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 38837
STATE OF IDAHO, ) 2012 Unpublished Opinion No. 423
)
Plaintiff-Respondent, ) Filed: March 30, 2012
)
v. ) Stephen W. Kenyon, Clerk
)
DAVID LEE KELLEY, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Third Judicial District, State of Idaho,
Canyon County. Hon. Gregory M. Culet, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of five years, for felony driving under the influence of alcohol,
affirmed.
Sara B. Thomas, State Appellate Public Defender; Diane M. Walker, 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
David Lee Kelley pled guilty to felony driving under the influence of alcohol. Idaho
Code § 18-8004, 18-8005. The district court sentenced Kelley to a unified term of ten years,
with a minimum period of confinement of five years. Kelley 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, Kelley’s judgment of conviction and sentence are affirmed.
2
State v. David Lee Kelley
Combined Opinion