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State v. Sebastian

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 4, 2018
Docket No. 45882 (Idaho Ct. App. Dec. 4, 2018)

Opinion

Docket No. 45882

12-04-2018

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID PATRICK SEBASTIAN, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Gene A. Petty, District Judge. Judgment of conviction and aggregate, unified sentence of forty-five years, with a minimum period of confinement of twenty years, for one count of child enticement and ten counts of sexual exploitation of a child, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; GUTIERREZ, Judge; and LORELLO, Judge

____________________

PER CURIAM

David Patrick Sebastian pled guilty to one count of child enticement through use of the Internet and ten counts of sexual exploitation of a child. Idaho Code §§ 18-1509A, 18-1507(2)(a). The district court sentenced Sebastian to an aggregate, unified sentence of forty-five years with twenty years determinate. Sebastian appeals asserting that the district court abused its discretion by imposing excessive sentences.

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, Sebastian's judgment of conviction and sentences are affirmed.


Summaries of

State v. Sebastian

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 4, 2018
Docket No. 45882 (Idaho Ct. App. Dec. 4, 2018)
Case details for

State v. Sebastian

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DAVID PATRICK SEBASTIAN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 4, 2018

Citations

Docket No. 45882 (Idaho Ct. App. Dec. 4, 2018)