State v. Steven Howard Grochowski ( 2012 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 39562
    STATE OF IDAHO,                                  )     2012 Unpublished Opinion No. 627
    )
    Plaintiff-Respondent,                     )     Filed: September 6, 2012
    )
    v.                                               )     Stephen W. Kenyon, Clerk
    )
    STEVEN HOWARD GROCHOWSKI,                        )     THIS IS AN UNPUBLISHED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. Timothy Hansen, District Judge.
    Judgment of conviction and unified sentence of five years, with a minimum
    period of confinement of four years, for malicious harassment, affirmed.
    Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy
    Attorney General, Boise, for respondent.
    ________________________________________________
    Before GRATTON, Chief Judge; LANSING, Judge;
    and MELANSON, Judge
    PER CURIAM
    Steven Howard Grochowski was convicted of malicious harassment, 
    Idaho Code § 18
    -
    7902. The district court sentenced Grochowski to a unified term of five years with a minimum
    period of confinement of four years. Grochowski appeals, contending that his sentence is
    excessive.
    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, Grochowski’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 9/6/2012

Precedential Status: Non-Precedential

Modified Date: 4/18/2021