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State v. Brunette

Court of Appeals of Idaho
Aug 18, 2023
No. 50132 (Idaho Ct. App. Aug. 18, 2023)

Opinion

50132

08-18-2023

STATE OF IDAHO, Plaintiff-Respondent, v. AUSTIN ALLEN BRUNETTE, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, 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UNPUBLISHED OPINION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. Jason D. Scott, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of incarceration of one and one-half years for enticing a child through the use of the internet or other communication device, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, 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

Austin Allen Brunette pled guilty to enticing a child through the use of the internet or other communication device, Idaho Code § 18-1509(A). In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified sentence of ten years, with a minimum period of incarceration of one and one-half years. Brunette 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, Brunette's judgment of conviction and sentence are affirmed.


Summaries of

State v. Brunette

Court of Appeals of Idaho
Aug 18, 2023
No. 50132 (Idaho Ct. App. Aug. 18, 2023)
Case details for

State v. Brunette

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. AUSTIN ALLEN BRUNETTE…

Court:Court of Appeals of Idaho

Date published: Aug 18, 2023

Citations

No. 50132 (Idaho Ct. App. Aug. 18, 2023)