State of Idaho v. Brian James Whitaker

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50449

STATE OF IDAHO, )
) Filed: October 26, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
BRIAN JAMES WHITAKER, ) 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. Jonathan Medema, District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum
period of confinement of two years, for possession of a controlled substance with
the intent to deliver, affirmed.

Erik R. Lehtinen, Interim State Appellate Public Defender; Kiley A. Heffner,
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; GRATTON, Judge;
and HUSKEY, Judge
________________________________________________

PER CURIAM
Brian James Whitaker pled guilty to possession of a controlled substance with the intent to
deliver. I.C. § 37-2732(a). In exchange for his guilty plea, additional charges were dismissed.
The district court sentenced Whitaker to a unified term of twenty years, with a minimum period of
confinement of two years. Whitaker 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

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

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