Idaho Court of Appeals, 2018

State v.Hines, Jr.

State v.Hines, Jr.
Idaho Court of Appeals · Decided October 10, 2018

State v.Hines, Jr.

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 45788 STATE OF IDAHO, ) ) Filed: October 10, 2018 Plaintiff-Respondent, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED BENJAMIN T. HINES, JR., ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.

Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of one and one-half years, for possession of a controlled substance, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; GUTIERREZ, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM Benjamin T. Hines, Jr. pled guilty to possession of a controlled substance. I.C. § 37- 2732(c)(1). In exchange for his guilty plea, additional charges were dismissed, including an allegation that he is a persistent violator. The district court sentenced Hines to a unified term of seven years, with a minimum period of confinement of one and one-half years. Hines appeals.

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, Hines’s judgment of conviction and sentence are affirmed.

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