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State v. Gilpin

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 2, 2015
Docket No. 42922 (Idaho Ct. App. Sep. 2, 2015)

Opinion

Docket No. 42922 2015 Unpublished Opinion No. 608

09-02-2015

STATE OF IDAHO, Plaintiff-Respondent, v. DELBERT WAYNE GILPIN, Defendant-Appellant.

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


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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Richard D. Greenwood, District Judge. Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of seven years, for lewd conduct with a minor child under sixteen and concurrent indeterminate term of ten years for sexual exploitation of a child, affirmed. Sara B. Thomas, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GUTIERREZ, Judge; and GRATTON, Judge

____________________

PER CURIAM

Delbert Wayne Gilpin pled guilty to lewd conduct with a minor child under sixteen, I.C. § 18-1508, and sexual exploitation of a child, I.C. § 18-1507(2)(a). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Gilpin to a unified term of twenty years, with a minimum period of confinement of seven years, for lewd conduct with a minor child under sixteen and a concurrent indeterminate term of ten years for sexual exploitation of a child. Gilpin 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, Gilpin's judgment of conviction and sentences are affirmed.


Summaries of

State v. Gilpin

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 2, 2015
Docket No. 42922 (Idaho Ct. App. Sep. 2, 2015)
Case details for

State v. Gilpin

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DELBERT WAYNE GILPIN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Sep 2, 2015

Citations

Docket No. 42922 (Idaho Ct. App. Sep. 2, 2015)