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State v. Bautista

Court of Appeals of Idaho
Dec 26, 2023
No. 50272 (Idaho Ct. App. Dec. 26, 2023)

Opinion

50272

12-26-2023

STATE OF IDAHO, Plaintiff-Respondent, v. LEVI JESSE BAUTISTA, Defendant-Appellant.

Erik R. Lehtinen, Interim State Appellate Public Defender; Justin M. Curtis, 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UNPUBLISHED OPINION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. James S. Cawthon, District Judge.

Judgment conviction and unified sentence of ten years, with a minimum period of confinement of three years, for grand theft, affirmed.

Erik R. Lehtinen, Interim State Appellate Public Defender; Justin M. Curtis, 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

Levi Jesse Bautista pled guilty to one count of grand theft, Idaho Code §§ 18-2403(1), 18-2407(1)(b), and 18-2409. In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified term of ten years with three years to run concurrently with any other sentences. Bautista appeals, contending that his sentence is excessive.

Although Bautista agreed with the State's recommendation at the time of sentencing, Bautista asserts that the district court erred by imposing an excessive sentence. The doctrine of invited error applies to estop a party from asserting an error when his or her own conduct induces the commission of the error. State v. Atkinson, 124 Idaho 816, 819, 864 P.2d 654, 657 (Ct. App. 1993). One may not complain of errors one has consented to or acquiesced in. State v. Caudill, 109 Idaho 222, 226, 706 P.2d 456, 460 (1985); State v. Lee, 131 Idaho 600, 605, 961 P.2d 1203, 1208 (Ct. App. 1998). In short, invited errors are not reversible. State v. Gittins, 129 Idaho 54, 58, 921 P.2d 754, 758 (Ct. App. 1996). This doctrine applies to sentencing decisions as well as rulings made during trial. State v. Griffith, 110 Idaho 613, 614, 716 P.2d 1385, 1386 (Ct. App. 1986).

Therefore, because Bautista received the sentence he requested, he may not complain that the district court abused its discretion. Accordingly, Bautista's judgment of conviction and sentence are affirmed.


Summaries of

State v. Bautista

Court of Appeals of Idaho
Dec 26, 2023
No. 50272 (Idaho Ct. App. Dec. 26, 2023)
Case details for

State v. Bautista

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. LEVI JESSE BAUTISTA…

Court:Court of Appeals of Idaho

Date published: Dec 26, 2023

Citations

No. 50272 (Idaho Ct. App. Dec. 26, 2023)