State v. Weeks ( 2019 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 46084
    STATE OF IDAHO,                                 )
    )   Filed: February 14, 2019
    Plaintiff-Respondent,                    )
    )   Karel A. Lehrman, Clerk
    v.                                              )
    )   THIS IS AN UNPUBLISHED
    JOSHUA LEON WEEKS,                              )   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. Deborah A. Bail, 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
    Joshua Leon Weeks pled guilty to possession of a controlled substance. I.C. § 37-
    27362(c). In exchange for his guilty plea, additional charges were dismissed. The district court
    sentenced Weeks to a unified term of seven years, with a minimum period of confinement of two
    years. Weeks appeals, arguing 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
    1
    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 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, Weeks’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 2/14/2019

Precedential Status: Non-Precedential

Modified Date: 2/14/2019