State v. Sanchez, No. 17166
| Court | Court of Appeals of Idaho |
| Writing for the Court | BURNETT; WALTERS, C.J., and SWANSTROM |
| Citation | 115 Idaho 776,769 P.2d 1148 |
| Docket Number | No. 17166 |
| Decision Date | 07 March 1989 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Larry Brad SANCHEZ, Defendant-Appellant. |
Page 1148
v.
Larry Brad SANCHEZ, Defendant-Appellant.
Page 1149
[115 Idaho 777] Alan E. Trimming, Ada County Public Defender, of Boise, for defendant-appellant.
Jim Jones, Atty. Gen. by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.
BURNETT, Judge.
This is a sentence review case. In today's opinion, we uphold a prison sentence imposed for grand theft, and we comment on the relationship between the Unified Sentencing Act (I.C. § 19-2513) and the standards of sentence review articulated in State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982).
The background facts may be summarized briefly. Larry Brad Sanchez has been convicted twice of grand theft. The first offense resulted in a grant of probation; but when the second grand theft occurred, Sanchez's probation was revoked and a suspended seven-year, indeterminate sentence was ordered into execution. We upheld that sentence in State v. Sanchez, 114 Idaho 387, 757 P.2d 250 (Ct.App.1988) (hereafter cited as Sanchez I ). With respect to the second grand theft, which was committed after the effective date of the Unified Sentencing Act, Sanchez received a sentence of seven and one-half years, of which two and one-half years were prescribed as the minimum period of confinement. In response to a motion under I.C.R. 35, the district court subsequently reduced the minimum period of confinement to two years. This sentence, running concurrently with the sentence for the first grand theft, is the subject of the instant appeal.
Sanchez contends, as he did in the other appeal, that his sentence is excessive. Our standards of sentence review have been well established since we enunciated them in State v. Toohill, supra. The standards address two questions inherent in sentence review: (1) how to measure the probable duration of confinement under a prison sentence, and (2) what criteria to employ in determining the reasonableness of such confinement. Concerning the first question, we said in Toohill that one-third of the facial length of an indeterminate sentence would be treated as the presumptive measure of confinement, absent a contrary indication in the record. However, this one-third "rule of thumb" is no longer appropriate in cases where a minimum period of confinement has been specified by the judge under the Unified Sentencing Act. In those cases the minimum period generally will be treated as the probable measure of confinement for the purpose of sentence review. By focusing on this period, we do not wholly disregard the aggregate length of the sentence, nor do we suggest that a prisoner will...
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State v. Kysar, No. 17220
...of confinement for the purpose of appellate review. See State v. Maxfield, 115 Idaho 910, 771 P.2d 928 (Ct.App.1989); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct.App.1989). We must determine whether a four-year Page 867 [116 Idaho 1000] prison term is reasonable when viewed in light ......
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State v. Byington, No. 23273
...case, we examine the minimum period of confinement of six years in evaluating the reasonableness of the sentence. See State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 At sentencing, the district court had the benefit of a presentence investigation (PSI) report. The PSI report indicated that B......
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State v. Brumfield, No. 26388.
...of appellate review, we consider the minimum period of confinement to be the probable duration of incarceration. State v. Sanchez, 115 Idaho 776, 777, 769 P.2d 1148, 1149 (Ct.App.1989). An abuse of discretion will be found only if, in light of the governing criteria, the sentence is excessi......
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State v. Dreier, No. 27717.
...the reasonableness of a sentence are well established. State v. Burdett, 134 Idaho 271, 1 P.3d 299 (Ct.App.2000); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct. App.1989); State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct.App.1982); State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App......
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State v. Kysar, No. 17220
...of confinement for the purpose of appellate review. See State v. Maxfield, 115 Idaho 910, 771 P.2d 928 (Ct.App.1989); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct.App.1989). We must determine whether a four-year Page 867 [116 Idaho 1000] prison term is reasonable when viewed in light ......
-
State v. Byington, No. 23273
...case, we examine the minimum period of confinement of six years in evaluating the reasonableness of the sentence. See State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 At sentencing, the district court had the benefit of a presentence investigation (PSI) report. The PSI report indicated that B......
-
State v. Brumfield, No. 26388.
...of appellate review, we consider the minimum period of confinement to be the probable duration of incarceration. State v. Sanchez, 115 Idaho 776, 777, 769 P.2d 1148, 1149 (Ct.App.1989). An abuse of discretion will be found only if, in light of the governing criteria, the sentence is excessi......
-
State v. Dreier, No. 27717.
...the reasonableness of a sentence are well established. State v. Burdett, 134 Idaho 271, 1 P.3d 299 (Ct.App.2000); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct. App.1989); State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct.App.1982); State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App......