STATE OF IDAHO v. ASHLEY NICOLE McDONALD

CourtListener 10855663Idahoctapp27 juil. 2023

Texte intégral

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50166

STATE OF IDAHO, )
) Filed: July 27, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
ASHLEY NICOLE McDONALD, ) 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 seven years with a minimum
period of confinement of two years for possession of a controlled substance with
enhancement, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; John C. McKinney, Deputy Attorney
General, Boise, for respondent.
________________________________________________

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

PER CURIAM
Ashley Nicole McDonald pled guilty to possession of a controlled substance, Idaho Code
§ 37-2732(c)(1), and narcotics persistent violator enhancement, I.C. § 37-2739. In exchange for
her guilty plea, additional charges were dismissed. The district court imposed a unified sentence
of seven years with two years determinate, consecutive to her other Ada County sentences.
McDonald 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

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

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