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State v. Grover Earl McAlister, Jr.
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*1 Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and GRATTON, Judge

________________________________________________

PER CURIAM

Grover Earl McAlister Jr. pled guilty to felony eluding a peace officer. I.C. § 49- 1404(2). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced McAlister to a unified term of five years, with a minimum period of confinement of

1

two years. McAlister filed an I.C.R. 35 motion, which the district court denied. McAlister 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, McAlister’s judgment of conviction and sentence are affirmed.

[1] McAlister also pled guilty to misdemeanor leaving the scene of an accident and was sentenced to a concurrent six-month term. However, he does not challenge this sentence on appeal. 2

Case Details

Case Name: State v. Grover Earl McAlister, Jr.
Court Name: Idaho Court of Appeals
Date Published: Dec 27, 2016
Court Abbreviation: Idaho Ct. App.
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