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State v. Jack J. Cooney, JR.
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Jack J. Cooney, Jr. was found guilty of felony driving under the influence of alcohol, drugs and/or any other intoxicating substance, Idaho Code §§ 18-8004(1)(a) and 18-8004(9). The district court imposed a unified ten-year sentence, with three years determinate. Cooney filed a timely Idaho Criminal Rule 35 motion, which the district court denied. [1] Cooney timely appeals, contending that the district court abused its discretion when it declined to place him on probation.

*2 Sentencing is a matter for the trial court’s discretion. That discretion includes the trial court’s decision regarding whether a defendant should be placed on probation. I.C. § 19- 2601(3); State v. Reber , 138 Idaho 275, 278, 61 P.3d 632, 635 (Ct. App. 2002). 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). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Cooney’s judgment of conviction and sentence are affirmed.

2

[1] Cooney does not appeal the district court’s denial of his Idaho Criminal Rule 35 motion. 1

Case Details

Case Name: State v. Jack J. Cooney, JR.
Court Name: Idaho Court of Appeals
Date Published: Aug 9, 2017
Court Abbreviation: Idaho Ct. App.
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