State of Idaho v. Bret Wayne Burnett

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 51620 STATE OF IDAHO, ) ) Filed: February 19, 2025 Plaintiff-Respondent, ) ) Melanie Gagnepain, Clerk v. ) ) THIS IS AN UNPUBLISHED BRET WAYNE BURNETT, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Samuel Hoagland, District Judge.

Judgment of conviction and unified sentence of eight years, with a minimum period of confinement of three years, for felony domestic violence with traumatic injury, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; LORELLO, Judge; and TRIBE, Judge ________________________________________________ PER CURIAM Bret Wayne Burnett entered an Alford1 plea to felony domestic violence with traumatic injury. I.C. §§ 18-918(2) and 18-903(a). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Burnett to a unified term of eight years, with a minimum

See North Carolina v. Alford, 400 U.S. 25 (1970).

period of confinement of three years. The district court retained jurisdiction and sent Burnett to participate in the rider program. Burnett appeals, arguing 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- (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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Burnett’s judgment of conviction and sentence are affirmed.