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State v. Hayes

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 4, 2016
Docket No. 43966 (Idaho Ct. App. Oct. 4, 2016)

Opinion

Docket No. 43966 2016 Unpublished Opinion No. 718

10-04-2016

STATE OF IDAHO, Plaintiff-Respondent, v. SCOTT GREGORY HAYES, Defendant-Appellant.

Eric D. Fredericksen, Interim State Appellate Public Defender; Jenny C. Swinford, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Deborah A. Bail, District Judge. Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of two years, for attempted rape, affirmed. Eric D. Fredericksen, Interim State Appellate Public Defender; Jenny C. Swinford, 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

Scott Gregory Hayes pled guilty to attempted rape, Idaho Code §§ 18-6101(1), 18-306. The district court imposed a unified sentence of fifteen years, with a minimum period of confinement of two years. Hayes 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, Hayes's judgment of conviction and sentence are affirmed.


Summaries of

State v. Hayes

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 4, 2016
Docket No. 43966 (Idaho Ct. App. Oct. 4, 2016)
Case details for

State v. Hayes

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. SCOTT GREGORY HAYES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 4, 2016

Citations

Docket No. 43966 (Idaho Ct. App. Oct. 4, 2016)