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State v. Delores Dann
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*1 Before GRATTON, Chief Judge; MELANSON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Delores Dann pled guilty to burglary. I.C. §§ 18-1401 and 18-1403. In exchange for her guilty plea, an additional charge was dismissed. The district court sentenced Dann to a unified term of ten years, with a minimum period of confinement of three years. However, the district court retained jurisdiction and sent Dann to participate in the rider program. Dann filed an I.C.R. 35 motion, which the district court denied. Dann appeals, arguing that her 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

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

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Case Details

Case Name: State v. Delores Dann
Court Name: Idaho Court of Appeals
Date Published: Feb 21, 2017
Court Abbreviation: Idaho Ct. App.
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