From Casetext: Smarter Legal Research

State v. Guerrero

Court of Appeals of Idaho
Oct 30, 2023
No. 50180 (Idaho Ct. App. Oct. 30, 2023)

Opinion

50180

10-30-2023

STATE OF IDAHO, Plaintiff-Respondent, v. JUANITO RALPHEL GUERRERO, JR., Defendant-Appellant.

Erik R. Lehtinen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Alan C. Stephens, Senior District Judge.

Judgment of conviction and unified sentence of eight years, with a minimum period of confinement of three years, for burglary, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Juanito Ralphel Guerrero, Jr. was found guilty of burglary, Idaho Code § 18-1401. The district court imposed a unified term of eight years with three years determinate and retained jurisdiction. The district court subsequently suspended Guerrero's sentence and placed him on probation for four years. Guerrero 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, 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, Guerrero's judgment of conviction and sentence are affirmed.


Summaries of

State v. Guerrero

Court of Appeals of Idaho
Oct 30, 2023
No. 50180 (Idaho Ct. App. Oct. 30, 2023)
Case details for

State v. Guerrero

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JUANITO RALPHEL GUERRERO, JR.…

Court:Court of Appeals of Idaho

Date published: Oct 30, 2023

Citations

No. 50180 (Idaho Ct. App. Oct. 30, 2023)