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State v. Maria Guadalupe Maciel
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Maria Guadalupe Maciel pleaded guilty to felony aggravated driving while under the influence of alcohol, Idaho Code § 18-8004(1)(a). The district court imposed a unified sentence of twelve years, with two years determinate. Maciel filed an Idaho Criminal Rule 35 motion which the district court denied. [1] Maciel appeals, contending 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 need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117-18, 822 P.2d 1011, 1014- *2 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, Maciel’s judgment of conviction and sentence are affirmed.

2

[1] Maciel does not appeal the denial of her Idaho Criminal Rule 35 motion. 1

Case Details

Case Name: State v. Maria Guadalupe Maciel
Court Name: Idaho Court of Appeals
Date Published: Aug 18, 2017
Court Abbreviation: Idaho Ct. App.
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