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State v. Bass

Court of Appeals of Idaho
May 26, 2023
No. 50002 (Idaho Ct. App. May. 26, 2023)

Opinion

50002

05-26-2023

STATE OF IDAHO, Plaintiff-Respondent, v. GREGORY HOWARD BASS, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, 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UNPUBLISHED OPINION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 First Judicial District, State of Idaho, Shoshone County. Hon. Barbara Duggan, District Judge.

Judgment of conviction and two concurrent unified life sentences, with a minimum period of confinement of twenty years, for two counts of lewd conduct with a minor under sixteen, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge

PER CURIAM

Gregory H. Bass pleaded guilty to two counts of lewd conduct with a minor under sixteen, Idaho Code § 18-1508. In exchange for his guilty pleas, addition charges were dismissed. The district court imposed two concurrent unified life sentences, with a minimum period of incarceration of twenty years. Bass appeals, contending that his sentences are 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, Bass's judgment of conviction and sentence are affirmed.


Summaries of

State v. Bass

Court of Appeals of Idaho
May 26, 2023
No. 50002 (Idaho Ct. App. May. 26, 2023)
Case details for

State v. Bass

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. GREGORY HOWARD BASS…

Court:Court of Appeals of Idaho

Date published: May 26, 2023

Citations

No. 50002 (Idaho Ct. App. May. 26, 2023)