State v. Edwardo David Gomez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 44071 STATE OF IDAHO, ) 2016 Unpublished Opinion No. 803 ) Plaintiff-Respondent, ) Filed: December 2, 2016 ) v. ) Stephen W. Kenyon, Clerk ) EDWARDO DAVID GOMEZ, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. George A. Southworth, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of one and one-half years, for possession of a controlled substance, affirmed Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before MELANSON, Chief Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Edwardo David Gomez pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c)(1). The district court sentenced Gomez to a unified term of five years with one and one-half years determinate. Gomez 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, Gomez’s judgment of conviction and sentence are affirmed. 2