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State v. Hawkins

Court of Appeals of Idaho
Aug 2, 2022
No. 48934 (Idaho Ct. App. Aug. 2, 2022)

Opinion

48934

08-02-2022

STATE OF IDAHO, Plaintiff-Respondent, v. GARY JOE HAWKINS, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Brian Dickson, 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UNPUBLISHED OPINION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. Peter G. Barton, District Judge.

Judgment of conviction and determinate sentence of fifteen years, for attempted strangulation, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Brian Dickson, 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 BRAILSFORD, Judge

PER CURIAM

Gary Joe Hawkins was found guilty of attempted strangulation, Idaho Code § 18-923. The district court imposed a determinate sentence of fifteen years. Hawkins 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, 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, Hawkins' judgment of conviction and sentence are affirmed.


Summaries of

State v. Hawkins

Court of Appeals of Idaho
Aug 2, 2022
No. 48934 (Idaho Ct. App. Aug. 2, 2022)
Case details for

State v. Hawkins

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. GARY JOE HAWKINS…

Court:Court of Appeals of Idaho

Date published: Aug 2, 2022

Citations

No. 48934 (Idaho Ct. App. Aug. 2, 2022)