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State v. Butticci-Briones

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 12, 2012
Docket No. 39047 (Idaho Ct. App. Apr. 12, 2012)

Opinion

Docket No. 39047

04-12-2012

STATE OF IDAHO, Plaintiff-Respondent, v. SHAUN MICHAEL BUTTICCI-BRIONES, Defendant-Appellant.

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 . Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


2012 Unpublished Opinion No. 443


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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Michael E. Wetherell, 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.

Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Shaun Michael Butticci-Briones pled guilty to failure to register as a sex offender. I.C. § 18-8309. In exchange for his guilty plea, the state dismissed an allegation that Butticci-Briones was a persistent violator. The district court sentenced Butticci-Briones to a unified term of ten years, with a minimum period of confinement of two years, to run consecutive to an unrelated sentence. Butticci-Briones appeals.

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, Butticci-Briones's judgment of conviction and sentence are affirmed.


Summaries of

State v. Butticci-Briones

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 12, 2012
Docket No. 39047 (Idaho Ct. App. Apr. 12, 2012)
Case details for

State v. Butticci-Briones

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. SHAUN MICHAEL BUTTICCI-BRIONES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 12, 2012

Citations

Docket No. 39047 (Idaho Ct. App. Apr. 12, 2012)