Summary
In Jordan v. Pickett, 78 Ala. 331, 338, it was held that a concealment may be tantamount to a misrepresentation and equally effective to mislead, but to be so it must operate as an inducement to the contract or change of position, and to be fraudulent must have been with an intention to mislead.
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Docket No. 44907 2018 Unpublished Opinion No. 307
01-05-2018
STATE OF IDAHO, Plaintiff-Respondent, v. JORDAN WAYNE PICKETT, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.
Karel A. Lehrman, Clerk
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Jason D. Scott, District Judge. Judgment of conviction and unified sentence of fourteen years, with a minimum period of confinement of ten years, for trafficking in heroin, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, 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; GUTIERREZ, Judge; and HUSKEY, Judge
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PER CURIAM
Jordan Wayne Pickett pled guilty to trafficking in heroin, Idaho Code § 37-2732B(a)(6). The district court imposed a unified sentence of fourteen years, with a minimum period of confinement of ten years. Pickett appeals, contending that the indeterminate portion of 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 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, Pickett's judgment of conviction and sentence are affirmed.