History
  • No items yet
midpage
State v. Delight Gina Moemberg
|
|
Check Treatment

*1 Before GUTIERREZ, Judge; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM

Delight Gina Moemberg pled guilty to felony driving under the influence. I.C. §§ 18- 8004 & 18-8005(9). In exchange for her guilty plea, an additional charge that she was a persistent violator was dismissed. The district court sentenced Moemberg to a unified term of ten years, with a minimum period of confinement of five years, to run concurrent with an unrelated sentence. Moemberg filed an I.C.R. 35 motion, which the district court denied. Moemberg appeals.

1

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, Moemberg’s judgment of conviction and sentence are affirmed.

2

Case Details

Case Name: State v. Delight Gina Moemberg
Court Name: Idaho Court of Appeals
Date Published: Jan 4, 2018
Court Abbreviation: Idaho Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.