From Casetext: Smarter Legal Research

State v. Esheshi

Court of Appeals of Idaho
Nov 13, 2023
No. 50201 (Idaho Ct. App. Nov. 13, 2023)

Opinion

50201

11-13-2023

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID JOHN ESHESHI, Defendant-Appellant.

Erik R. Lehtinen, Interim State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cynthia Yee-Wallace, District Judge.

Judgment of conviction and unified sentence of fifteen years with a minimum period of confinement of four years for enticement of a child through use of the internet or other communication device, affirmed.

Erik R. Lehtinen, Interim State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

David John Esheshi pled guilty to enticement of a child through use of the internet or other communication device, Idaho Code § 18-1509A. In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified sentence of fifteen years with four years determinate. Esheshi appeals, contending that his sentence is excessive.

Also known as: David Esheshi John, Esheshi David John, John Esheshi David, Jed Esheshi John.

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, Esheshi's judgment of conviction and sentence are affirmed.


Summaries of

State v. Esheshi

Court of Appeals of Idaho
Nov 13, 2023
No. 50201 (Idaho Ct. App. Nov. 13, 2023)
Case details for

State v. Esheshi

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DAVID JOHN ESHESHI…

Court:Court of Appeals of Idaho

Date published: Nov 13, 2023

Citations

No. 50201 (Idaho Ct. App. Nov. 13, 2023)