State v. Michael Brian Wilson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 37388 STATE OF IDAHO, ) 2010 Unpublished Opinion No. 695 ) Plaintiff-Respondent, ) Filed: November 3, 2010 ) v. ) Stephen W. Kenyon, Clerk ) MICHAEL BRIAN WILSON, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Ronald J. Wilper, District Judge. Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of three years, for aggravated assault with enhancement, affirmed. Molly J. Huskey, 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, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM Michael Brian Wilson was found guilty of aggravated assault with enhancement. Idaho Code §§ 18-901(a) and 18-905(b). The district court sentenced Wilson to a unified term of fifteen years, with a minimum period of confinement of three years, to run consecutively to any sentence he was currently serving. Wilson 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- 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, Wilson’s judgment of conviction and sentence are affirmed. 2