State v. Russell Leon Wilburn
State v. Russell Leon Wilburn
Opinion
IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 36849 STATE OF IDAHO, ) 2010 Unpublished Opinion No. 513 ) Plaintiff-Respondent, ) Filed: June 18, 2010 ) v. ) Stephen W. Kenyon, Clerk ) RUSSELL LEON WILBURN, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. Michael E. Wetherell, District Judge.
Judgment of conviction and unified sentence of twenty-five years, with a minimum period of confinement of seven and one-half years, for aiding and abetting robbery, affirmed.
Molly J. Huskey, State Appellate Public Defender; Sara B. Thomas, Chief, Appellate Unit, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before LANSING, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM Russell Leon Wilburn pled guilty to aiding and abetting robbery. Idaho Code § 18-6501.
The district court sentenced Wilburn to a unified term of twenty-five years, with a minimum period of confinement of seven and one-half years. Wilburn appeals asserting that the district court abused its discretion by imposing an excessive sentence.
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.
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
1 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, Wilburn’s judgment of conviction and sentence are affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.