Idaho Court of Appeals, 2015

State v. Drifter Blake Nibler

State v. Drifter Blake Nibler
Idaho Court of Appeals · Decided October 29, 2015

State v. Drifter Blake Nibler

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 43128 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 683 ) Plaintiff-Respondent, ) Filed: October 29, 2015 ) v. ) Stephen W. Kenyon, Clerk ) DRIFTER BLAKE NIBLER, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Second Judicial District, State of Idaho, Latah County. Hon. John R. Stegner, District Judge.

Judgment of conviction and unified sentence of ten years with two years determinate, affirmed.

Sara B. Thomas, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before MELANSON, Chief Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Drifter Blake Nibler pled guilty to vehicular manslaughter. Idaho Code § 18-4006(3)(b), 18-4007(3)(b). The district court sentenced Nibler to a unified sentence of ten years with two years determinate. Nibler 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 and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014- (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, Nibler’s judgment of conviction and sentence are affirmed.

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