State v. Susan K. Mottaz ( 2016 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 43626
    STATE OF IDAHO,                                 )   2016 Unpublished Opinion No. 450
    )
    Plaintiff-Respondent,                    )   Filed: March 25, 2016
    )
    v.                                              )   Stephen W. Kenyon, Clerk
    )
    SUSAN K. MOTTAZ,                                )   THIS IS AN UNPUBLISHED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 eight years, with a minimum
    period of confinement of two years, for felony domestic violence, affirmed.
    Sara B. Thomas, State Appellate Public Defender; Andrea W. Reynolds, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy
    Attorney General, Boise, for respondent.
    ________________________________________________
    Before MELANSON, Chief Judge; GRATTON, Judge;
    and HUSKEY, Judge
    ________________________________________________
    PER CURIAM
    Susan K. Mottaz pled guilty to felony domestic violence (prior felony within fifteen
    years). I.C. §§ 18-918(5) and 18-903. The district court sentenced Mottaz to a unified term of
    eight years, with a minimum period of confinement of two years. However, the district court
    retained jurisdiction and sent Mottaz to participate in the rider program. Mottaz 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-
    1
    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, Mottaz’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 3/25/2016

Precedential Status: Non-Precedential

Modified Date: 4/17/2021