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State v. Flores

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 21, 2011
Docket No. 38363 (Idaho Ct. App. Dec. 21, 2011)

Opinion

Docket No. 38363

12-21-2011

STATE OF IDAHO, Plaintiff-Respondent, v. GABRIEL FLORES, Defendant-Appellant.

Molly J. Huskey, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.


2011 Unpublished Opinion No. 754


Stephen W. Kenyon, Clerk


THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY


Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge.
Judgment of conviction and concurrent unified sentences of fifteen years, with minimum periods of confinement of seven and one-half years, for aggravated battery and attempted strangulation, affirmed.
Molly J. Huskey, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Gabriel Flores was convicted of aggravated battery, Idaho Code §§ 18-903(b), 18-907(a), and attempted strangulation, I.C. § 18-923. The district court sentenced Flores to concurrent unified sentences of fifteen years, with minimum periods of confinement of seven and one-half years. Flores appeals, contending that his sentences are 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, Flores's judgment of conviction and sentences are affirmed.


Summaries of

State v. Flores

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 21, 2011
Docket No. 38363 (Idaho Ct. App. Dec. 21, 2011)
Case details for

State v. Flores

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. GABRIEL FLORES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 21, 2011

Citations

Docket No. 38363 (Idaho Ct. App. Dec. 21, 2011)