Idaho Court of Appeals, 2013

State v. Brian Timothy Mack

State v. Brian Timothy Mack
Idaho Court of Appeals · Decided October 31, 2013

State v. Brian Timothy Mack

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40917 STATE OF IDAHO, ) 2013 Unpublished Opinion No. 733 ) Plaintiff-Respondent, ) Filed: October 31, 2013 ) v. ) Stephen W. Kenyon, Clerk ) BRIAN TIMOTHY MACK, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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, Ada County. Hon. Deborah A. Bail, District Judge.

Judgment of conviction and unified sentence of fifteen years, with five years determinate, for robbery, affirmed.

Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Chief Judge; LANSING, Judge; and GRATTON, Judge PER CURIAM Brian Timothy Mack pled guilty to robbery. Idaho Code §§ 18-6501, 18-6502, 18-204.

The district court sentenced Mack to a unified term of fifteen years, with five years determinate.

Mack appeals, contending his 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, 1014-15 (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 1 722, 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, Mack’s judgment of conviction and sentence are affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.