State v. Brian Scott Eschief

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 37051 STATE OF IDAHO, ) 2010 Unpublished Opinion No. 454 ) Plaintiff-Respondent, ) Filed: May 10, 2010 ) v. ) Stephen W. Kenyon, Clerk ) BRIAN SCOTT ESCHIEF, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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 ten 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 Brian Scott Eschief pled guilty to felony driving under the influence. I.C. §§ 18-8004(1), 18-8005(7). The district court sentenced Eschief to a unified term of ten years, with a minimum period of confinement of two years, to run concurrent with an unrelated sentence. Eschief 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. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 1 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, Eschief’s judgment of conviction and sentence are affirmed. 2