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State v. Ashford

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 27, 2016
Docket No. 43341 (Idaho Ct. App. Apr. 27, 2016)

Opinion

Docket No. 43341 2016 Unpublished Opinion No. 501

04-27-2016

STATE OF IDAHO, Plaintiff-Respondent, v. GARRETT RAY ASHFORD, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.


Stephen W. Kenyon, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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, Elmore County. Hon. Cheri C. Copsey, District Judge. Judgment of conviction and sentence, affirmed. Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Garrett Ray Ashford pleaded guilty to lewd conduct with a minor under sixteen, Idaho Code § 18-1508. The district court imposed a unified life sentence, with twenty years determinate. Ashford appeals, contending that his sentence is excessive.

In the Appellant's Brief, Ashford raised the issue of whether the district court erred by failing to include a specific expiration date for the no contact order, but Ashford withdrew the issue in his Reply Brief. --------

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, Ashford's judgment of conviction and sentence are affirmed.


Summaries of

State v. Ashford

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 27, 2016
Docket No. 43341 (Idaho Ct. App. Apr. 27, 2016)
Case details for

State v. Ashford

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. GARRETT RAY ASHFORD…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 27, 2016

Citations

Docket No. 43341 (Idaho Ct. App. Apr. 27, 2016)