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State v. Cooley

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 8, 2018
Docket No. 45747 (Idaho Ct. App. Nov. 8, 2018)

Opinion

Docket No. 45747

11-08-2018

STATE OF IDAHO, Plaintiff-Respondent, v. PHILLIP LEE COOLEY, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

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 ten years, with a minimum period of confinement of two years, for felony injury to a child, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, 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

Phillip Lee Cooley pled guilty to felony injury to a child. I.C. § 18-1501(1). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Cooley to a unified term of ten years, with a minimum period of confinement of two years. Cooley filed an I.C.R. 35 motion for reduction of his sentence, which the district court denied. Cooley 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 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, Cooley's judgment of conviction and sentence are affirmed.


Summaries of

State v. Cooley

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 8, 2018
Docket No. 45747 (Idaho Ct. App. Nov. 8, 2018)
Case details for

State v. Cooley

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. PHILLIP LEE COOLEY…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 8, 2018

Citations

Docket No. 45747 (Idaho Ct. App. Nov. 8, 2018)