From Casetext: Smarter Legal Research

State v. Perez

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 3, 2013
Docket No. 39915 (Idaho Ct. App. Jan. 3, 2013)

Opinion

Docket No. 39915 2013 Unpublished Opinion No. 305

01-03-2013

STATE OF IDAHO, Plaintiff-Respondent, v. MANUEL DE JESUS DELACRUZ PEREZ, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Sarah E. Tompkins, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, 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THIS IS AN UNPUBLISHED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 Fifth Judicial District, State of Idaho, Cassia

County. Hon. Michael R. Crabtree, District Judge.

Judgment of conviction and unified sentence of twenty-five years, with a

minimum period of confinement of three years, for lewd and lascivious conduct

with a minor child under the age of sixteen, affirmed.

Sara B. Thomas, State Appellate Public Defender; Sarah E. Tompkins, Deputy

Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney

General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Manuel De Jesus Delacruz Perez pled guilty to lewd and lascivious conduct with a minor child under the age of sixteen. I.C. § 18-1508. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Perez to a unified term of twenty-five years, with a minimum period of confinement of three years. Perez appeals.

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


Summaries of

State v. Perez

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 3, 2013
Docket No. 39915 (Idaho Ct. App. Jan. 3, 2013)
Case details for

State v. Perez

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MANUEL DE JESUS DELACRUZ PEREZ…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jan 3, 2013

Citations

Docket No. 39915 (Idaho Ct. App. Jan. 3, 2013)