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State v. Gonzalez

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 2, 2019
Docket No. 46067 (Idaho Ct. App. Apr. 2, 2019)

Opinion

Docket No. 46067

04-02-2019

STATE OF IDAHO, Plaintiff-Respondent, v. SERGIO ENRIQUE GONZALEZ, aka SERGIO GONZALES, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Third Judicial District, State of Idaho, Canyon County. Hon. George A. Southworth, District Judge. Judgment of conviction and concurrent, unified sentences of life with twenty-five-year determinate terms for two counts of lewd conduct with a minor under sixteen, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, 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

Sergio Enrique Gonzalez was found guilty of two counts of lewd conduct with a minor under sixteen, Idaho Code § 18-1508. The district court imposed concurrent, unified sentences of life with twenty-five-year determinate terms. Gonzalez 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, Gonzalez's judgment of conviction and sentences are affirmed.


Summaries of

State v. Gonzalez

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 2, 2019
Docket No. 46067 (Idaho Ct. App. Apr. 2, 2019)
Case details for

State v. Gonzalez

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. SERGIO ENRIQUE GONZALEZ, aka…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 2, 2019

Citations

Docket No. 46067 (Idaho Ct. App. Apr. 2, 2019)