State v. Dakota James McKeeth

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43989

STATE OF IDAHO, ) 2016 Unpublished Opinion No. 810
)
Plaintiff-Respondent, ) Filed: December 8, 2016
)
v. ) Stephen W. Kenyon, Clerk
)
DAKOTA JAMES McKEETH, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Deborah A. Bail, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of two years, for attempted robbery, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy
Attorney General, Boise, for respondent.
________________________________________________

Before GUTIERREZ, Judge; GRATTON, Judge;
and HUSKEY, Judge
________________________________________________

PER CURIAM
Dakota James McKeeth pled guilty to attempted robbery. Idaho Code §§ 18-6501, 18-
306. The district court sentenced McKeeth to a unified term of ten years with two years
determinate, and retained jurisdiction Following the period of retained jurisdiction, the district
court relinquished jurisdiction. McKeeth appeals asserting that the district court abused its
discretion by imposing an excessive sentence.
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). Applying these standards, and having reviewed the record
in this case, we cannot say that the district court abused its discretion.
Therefore, McKeeth’s judgment of conviction and sentence are affirmed.

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