Opinion
49023
05-26-2022
STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT JAMES GILMAN, JR., 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; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Samuel Hoagland, District Judge.
Judgment of conviction and determinate sentence of five years for aggravated assault and consecutive indeterminate sentence of five years for preparing false evidence, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge
PER CURIAM
Robert James Gilman, Jr. pled guilty to an amended charge of aggravated assault. I.C. § 18-905(b). In exchange for his guilty plea, an additional charge was dismissed. Gilman was also found guilty by a jury of preparing false evidence. I.C. § 18-2602. The district court sentenced Gilman to a determinate term of five years for aggravated assault and a consecutive indeterminate term of five years for preparing false evidence. Gilman appeals, arguing that his sentences are excessive.
Gilman was also found guilty of battery and sentenced to 180 days in jail. However, he does not challenge this judgment of conviction or 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, 1014-15 (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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.
Therefore, Gilman's judgment of conviction and sentences are affirmed.