State v. Bret Reese Feltman

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 36624 STATE OF IDAHO, ) 2010 Unpublished Opinion No. 509 ) Plaintiff-Respondent, ) Filed: June 15, 2010 ) v. ) Stephen W. Kenyon, Clerk ) BRET REESE FELTMAN, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge. Judgment of conviction and suspended unified sentence of eight years, with a minimum period of confinement of two years, for felony driving under the influence, affirmed. Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, 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; GUTIERREZ, Judge; and MELANSON, Judge PER CURIAM Bret Reese Feltman pled guilty to felony driving under the influence. I.C. §§ 18-8004, 18-8005(5). The district court sentenced Feltman to a unified term of eight years, with a minimum period of confinement of two years, but suspended the sentence and placed Feltman on probation. Feltman 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, Feltman’s judgment of conviction and sentence are affirmed. 2