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State v. Odle ( 2019 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 46244
STATE OF IDAHO,                                 )
)   Filed: February 12, 2019
Plaintiff-Respondent,                    )
)   Karel A. Lehrman, Clerk
v.                                              )
)   THIS IS AN UNPUBLISHED
JOHN IRVIN ODLE,                                )   OPINION AND SHALL NOT
)   BE CITED AS AUTHORITY
Defendant-Appellant.                     )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Steven J. Hippler, District Judge.
Judgment of conviction and unified sentence of seven years with a minimum
period of confinement of two years for possession of a controlled
substance, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford,
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; HUSKEY, Judge;
and LORELLO, Judge
________________________________________________
PER CURIAM
John Irvin Odle pled guilty to possession of a controlled substance. Idaho Code § 37-
2732(c). The district court sentenced Odle to a unified term of seven years with two years
determinate. Odle appeals asserting that the district court abused its discretion by imposing an
excessive sentence and declining to retain jurisdiction or place him on probation.
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-
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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, Odle’s judgment of conviction and sentence are affirmed.
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