State v. Joseph Ray Stanka ( 2012 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 38964
    STATE OF IDAHO,                                  )     2012 Unpublished Opinion No. 457
    )
    Plaintiff-Respondent,                     )     Filed: May 1, 2012
    )
    v.                                               )     Stephen W. Kenyon, Clerk
    )
    JOSEPH RAY STANKA,                               )     THIS IS AN UNPUBLISHED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 R. McLaughlin, District Judge.
    Judgment of conviction and unified sentence of fourteen years, with a minimum
    period of confinement of ten years, for grand theft, affirmed.
    Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
    General, Boise, for respondent.
    ________________________________________________
    Before LANSING, Judge; GUTIERREZ, Judge;
    and MELANSON, Judge
    PER CURIAM
    Joseph Ray Stanka pled guilty to grand theft. I.C. §§ 18-2403(1), 18-2407(1)(b). The
    district court sentenced Stanka to a unified term of fourteen years, with a minimum period of
    confinement of ten years. Stanka 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
    the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 
    144 Idaho 1
    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, Stanka’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 5/1/2012

Precedential Status: Non-Precedential

Modified Date: 4/17/2021