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State v. Hale

Court of Appeals of Idaho
Jun 13, 2024
No. 51214 (Idaho Ct. App. Jun. 13, 2024)

Opinion

51214

06-13-2024

STATE OF IDAHO, Plaintiff-Respondent, v. JOSHUA PETERSON HALE, Defendant-Appellant.

Erik R. Lehtinen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, 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UNPUBLISHED OPINION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. Jason D. Scott, District Judge.

Judgment of conviction and unified sentence of eighteen years, with a minimum period of confinement of four years, for sexual abuse of a child under the age of sixteen years, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; HUSKEY, Judge; and TRIBE, Judge.

PER CURIAM.

Joshua Peterson Hale pled guilty to sexual abuse of a child under the age of sixteen years, Idaho Code §§ 18-1506, 19-304. The district court imposed a unified term of eighteen years with four years determinate. Hale appeals, contending that 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, 101415 (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, Hale's judgment of conviction and sentence are affirmed.


Summaries of

State v. Hale

Court of Appeals of Idaho
Jun 13, 2024
No. 51214 (Idaho Ct. App. Jun. 13, 2024)
Case details for

State v. Hale

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JOSHUA PETERSON HALE…

Court:Court of Appeals of Idaho

Date published: Jun 13, 2024

Citations

No. 51214 (Idaho Ct. App. Jun. 13, 2024)