State v. Zachery Craig Walker

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 39175 STATE OF IDAHO, ) 2012 Unpublished Opinion No. 399 ) Plaintiff-Respondent, ) Filed: March 9, 2012 ) v. ) Stephen W. Kenyon, Clerk ) ZACHERY CRAIG WALKER, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge. Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of eight years, for sexual abuse of a child under the age of sixteen, affirmed. Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, 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; GUTIERREZ, Judge; and MELANSON, Judge PER CURIAM Zachery Craig Walker pled guilty to sexual abuse of a child under the age of sixteen. Idaho Code § 18-1506(1)(a),(b) and (d). The district court sentenced Walker to a unified term of twenty years, with a minimum period of confinement of eight years. Thereafter, Walker filed an Idaho Criminal Rule 35 motion for reduction of sentence, which the district court denied. Walker now appeals his 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- 1 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, Walker’s judgment of conviction and sentence are affirmed. 2