State of Idaho v. Mary Alyce Scarbrough

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 49707

STATE OF IDAHO, )
) Filed: April 17, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
MARY ALYCE SCARBROUGH, ) 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. Lynn G. Norton, District Judge.

Judgment of conviction and unified sentence of fourteen years with three years
determinate for grand theft, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before LORELLO, Chief Judge; HUSKEY, Judge;
and BRAILSFORD, Judge
________________________________________________

PER CURIAM
Mary Alyce Scarbrough pled guilty to grand theft, Idaho Code §§ 18-2403(1), 18-
2407(1)(b)(4), 18-2409. In exchange for her guilty plea, additional charges were dismissed. The
district court imposed a unified sentence of fourteen years with three years determinate, to run
concurrently with a previously imposed sentence. Scarbrough appeals, contending that her
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-

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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). 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, Scarbrough’s judgment of conviction and
sentence are affirmed.

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