CourtListener 10855575•State of Idaho v. Leonard Duane Cook, Jr
State of Idaho v. Leonard Duane Cook, Jr
CourtListener 10855575Idahoctapp22 nov. 2023
Texte intégral
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 50139
STATE OF IDAHO, )
) Filed: November 22, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
LEONARD DUANE COOK, JR., ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the First Judicial District, State of Idaho,
Kootenai County. Hon. Barbara Duggan, District Judge.
Judgment of conviction and unified sentence of four years, with a minimum period
of incarceration of two years, suspended and jurisdiction retained, for possession
of a controlled substance, affirmed.
Erik R. Lehtinen, Interim State Appellate Public Defender; Jacob L. Westerfield,
Deputy Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kale D. Gans, Deputy Attorney General,
Boise, for respondent.
________________________________________________
Before LORELLO, Chief Judge; GRATTON, Judge;
and HUSKEY, Judge
________________________________________________
PER CURIAM
Leonard Duane Cook, Jr. pled guilty to possession of a controlled substance, Idaho Code
§ 37-2732(c)(1). In exchange for his guilty plea, an additional charge was dismissed. The district
court imposed a unified sentence of four years, with a minimum period of incarceration of two
years, and retained jurisdiction. Cook 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-
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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, Cook’s judgment of conviction and sentence are
affirmed.
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