Opinion
Docket No. 41085 2014 Unpublished Opinion No. 542
06-04-2014
STATE OF IDAHO, Plaintiff-Respondent, v. JEFFREY LEROY ACHESON, Defendant-Appellant.
Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED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 Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge.
Judgment of conviction and sentences of ten years determinate and a consecutive fifteen years indeterminate for two counts of sexual abuse of a child under the age of sixteen years, affirmed.
Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before GUTIERREZ, Chief Judge; GRATTON, Judge;
and MELANSON, Judge
PER CURIAM
Jeffrey Leroy Acheson pled guilty to two counts of sexual abuse of a child under the age of sixteen years. Idaho Code § 18-1506. The district court sentenced Acheson to a determinate term of ten years for the first count and a consecutive indeterminate term of fifteen years for the second count. Acheson appeals, contending his sentences are excessive.
Acheson obtained post-conviction relief from his attorney's failure to timely appeal from the judgment of conviction, and Acheson timely appealed from the reissued judgment of conviction.
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, Acheson's judgment of conviction and sentences are affirmed.