From Casetext: Smarter Legal Research

State v. Grimes

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 19, 2019
Docket No. 46360 (Idaho Ct. App. Apr. 19, 2019)

Opinion

Docket No. 46360

04-19-2019

STATE OF IDAHO, Plaintiff-Respondent, v. BRIAN PAUL GRIMES, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Michael J. Reardon, District Judge. Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of six years, for sexual battery of a minor child sixteen or seventeen years of age, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Brian P. Grimes pleaded guilty to sexual battery of a minor child sixteen or seventeen years of age, Idaho Code § 18-1508A(1)(a). The district court imposed a sentence of twenty years, with six years determinate. Grimes appeals, contending 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, Grimes's judgment of conviction and sentence are affirmed.


Summaries of

State v. Grimes

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 19, 2019
Docket No. 46360 (Idaho Ct. App. Apr. 19, 2019)
Case details for

State v. Grimes

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. BRIAN PAUL GRIMES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 19, 2019

Citations

Docket No. 46360 (Idaho Ct. App. Apr. 19, 2019)