State v. Simon, Jr

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 46353

STATE OF IDAHO, )
) Filed: March 14, 2019
Plaintiff-Respondent, )
) Karel A. Lehrman, Clerk
v. )
) THIS IS AN UNPUBLISHED
MICHAEL RAY SIMON, JR., ) 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 A. Hoagland, District Judge.

Judgment of conviction and unified sentence of ten years with two years
determinate for grand theft by possession of stolen property, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jenevieve C. Swinford,
Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________

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

PER CURIAM
Michael Ray Simon, Jr. pled guilty to grand theft by possession of stolen property, Idaho
Code § 18-2403(4). The district court imposed a unified sentence of ten years with two years
determinate and retained jurisdiction. Simon 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-
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

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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). Applying these standards, and having reviewed the record
in this case, we cannot say that the district court abused its discretion.
Therefore, Simon’s judgment of conviction and sentence are affirmed.

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