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State v. Armstrong

Court of Appeals of Idaho
Apr 21, 2023
No. 49884 (Idaho Ct. App. Apr. 21, 2023)

Opinion

49884

04-21-2023

STATE OF IDAHO, Plaintiff-Respondent, v. RICHARD WILLIAM ARMSTRONG, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, 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UNPUBLISHED OPINION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. Michael J. Reardon, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of two years, for failure to register as a sex offender, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.

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

Before GRATTON, Judge; HUSKEY, Judge; and BRAILSFORD, Judge

PER CURIAM

Richard William Armstrong pled guilty to failure to register as a sex offender, Idaho Code §§ 18-8309, -8311. The district court imposed a unified sentence of ten years, with two years determinate, to run consecutively to another sentence. Armstrong 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, Armstrong's judgment of conviction and sentence are affirmed.


Summaries of

State v. Armstrong

Court of Appeals of Idaho
Apr 21, 2023
No. 49884 (Idaho Ct. App. Apr. 21, 2023)
Case details for

State v. Armstrong

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. RICHARD WILLIAM ARMSTRONG…

Court:Court of Appeals of Idaho

Date published: Apr 21, 2023

Citations

No. 49884 (Idaho Ct. App. Apr. 21, 2023)