State v. Scotty L. Hoerster

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43064

STATE OF IDAHO, ) 2016 Unpublished Opinion No. 403

)

Plaintiff-Respondent, ) Filed: February 24, 2016

)

v. ) Stephen W. Kenyon, Clerk

)

SCOTTY L. HOERSTER, ) THIS IS AN UNPUBLISHED

) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY

)

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Blaine County. Hon. James Elgee, District Judge.

Judgment of conviction and sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

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Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge ______________________________________________

PER CURIAM

Scotty L. Hoerster was found guilty of aid and abet robbery, Idaho Code §§ 18-204, 18- 6501, 18-6502. The district court imposed a unified six-year sentence, with four years determinate. Hoerster appeals, contending that 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 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, Hoerster’s judgment of conviction and sentence are affirmed.