State v. Tyler William Bradshaw

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 44523 STATE OF IDAHO, ) 2017 Unpublished Opinion No. 519 ) Plaintiff-Respondent, ) Filed: July 17, 2017 ) v. ) Karel A. Lehrman, Clerk ) TYLER WILLIAM BRADSHAW, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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, Twin Falls County. Hon. G. Richard Bevan, District Judge. Judgment of conviction and unified sentence of eight years, with a minimum period of confinement of three years, for attempted strangulation, 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 GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Tyler William Bradshaw was found guilty of attempted strangulation. Idaho Code § 18- 923. The district court sentenced Bradshaw to a unified term of eight years with three years determinate and retained jurisdiction. After the period of retained jurisdiction, the district court placed Bradshaw on probation for three years. Bradshaw 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, Bradshaw’s judgment of conviction and sentence are affirmed. 2