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State v. Duran

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 22, 2019
Docket No. 45818 (Idaho Ct. App. Jan. 22, 2019)

Opinion

Docket No. 45818

01-22-2019

STATE OF IDAHO, Plaintiff-Respondent, v. KEVIN RYAN DURAN, Defendant-Appellant.

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


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Cheri C. Copsey, District Judge. Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of ten years, for aggravated assault enhanced for use of a deadly weapon, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before HUSKEY, Judge; LORELLO, Judge; and BRAILSFORD, Judge

____________________

PER CURIAM

Kevin Ryan Duran pled guilty to aggravated assault, I.C. §§ 18-901(b) and 18-905(a), enhanced for use of a deadly weapon, I.C. § 19-2520. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Duran to a unified term of twenty years, with a minimum period of confinement of ten years. Duran appeals, arguing 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, 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, Duran's judgment of conviction and sentence are affirmed.


Summaries of

State v. Duran

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 22, 2019
Docket No. 45818 (Idaho Ct. App. Jan. 22, 2019)
Case details for

State v. Duran

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. KEVIN RYAN DURAN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jan 22, 2019

Citations

Docket No. 45818 (Idaho Ct. App. Jan. 22, 2019)