State v. Bradley Young Anderson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 44905 STATE OF IDAHO, ) 2017 Unpublished Opinion No. 593 ) Plaintiff-Respondent, ) Filed: September 25, 2017 ) v. ) Karel A. Lehrman, Clerk ) BRADLY YOUNG ANDERSON, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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. Michael Reardon, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of two years, for domestic violence, affirmed; order relinquishing jurisdiction, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Bradly Young Anderson pled guilty to domestic violence (third offense within fifteen years), Idaho Code §§ 18-903(a), 18-918(3)(b), 18-918(3)(c). In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified sentence of five years, with a minimum period of confinement of two years. The district court retained jurisdiction, and Anderson was sent to participate in the rider program. 1 After Anderson completed his rider, the district court relinquished jurisdiction. Anderson appeals, claiming that the district court erred by refusing to grant probation. He also argues his sentence is excessive and constitutes an abuse of discretion. We note that the decision to place a defendant on probation or whether, instead, to relinquish jurisdiction over the defendant is a matter within the sound discretion of the district court and will not be overturned on appeal absent an abuse of that discretion. State v. Hood, 102 Idaho 711, 712, 639 P.2d 9, 10 (1981); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596- 97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate. We hold that Anderson has failed to show that the district court abused its discretion in relinquishing jurisdiction. Anderson also contends that his sentence is excessive and constitutes an abuse of discretion. Sentences are reviewed for an abuse of discretion. Our appellate standard of review and the factors to be considered when evaluating the reasonableness of a sentence are well- established. State v. Burdett, 134 Idaho 271, 1 P.3d 299 (Ct. App. 2000); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct. App. 1989); State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct. App. 1982); State v. Toohill, 103 Idaho 565, 650 P.2d 707 (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). Anderson argues that all of the relevant goals of sentencing could have been accomplished with probation. As noted above, however, the district court found that probation was not an appropriate course of action in Anderson’s case. The record does not indicate that the district court abused its discretion in sentencing. The order of the district court relinquishing jurisdiction and Anderson’s sentence are affirmed. 2