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State v. Hermosillo-Antolin

COURT OF APPEALS OF THE STATE OF IDAHO
May 16, 2019
Docket No. 46555 (Idaho Ct. App. May. 16, 2019)

Opinion

Docket No. 46555

05-16-2019

STATE OF IDAHO, Plaintiff-Respondent, v. LUIS DANIEL HERMOSILLO-ANTOLIN, Defendant-Appellant.

Eric D. Fredericksen, 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.


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Dane H. Watkins, Jr., District Judge. Judgment of conviction and concurrent, unified aggregate sentences of six years, with a minimum period of confinement of one year determinate, for possession of a controlled substance and grand theft, affirmed. Eric D. Fredericksen, 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 GRATTON, Chief Judge; HUSKEY, Judge; and BRAILSFORD, Judge PER CURIAM

Luis Daniel Hermosillo-Antolin pled guilty to possession of a controlled substance, Idaho Code § 37-2732(c)(2), and grand theft by possession of stolen property, I.C. § 18-2403. The district court sentenced Hermosillo-Antolin to concurrent, unified sentences of four years with one year determinate for possession of a controlled substance and six years with one year determinate for grand theft. Hermosillo-Antolin appeals asserting that the district court abused its discretion by imposing excessive sentences.

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, Hermosillo-Antolin's judgment of conviction and sentences are affirmed.


Summaries of

State v. Hermosillo-Antolin

COURT OF APPEALS OF THE STATE OF IDAHO
May 16, 2019
Docket No. 46555 (Idaho Ct. App. May. 16, 2019)
Case details for

State v. Hermosillo-Antolin

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. LUIS DANIEL HERMOSILLO-ANTOLIN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 16, 2019

Citations

Docket No. 46555 (Idaho Ct. App. May. 16, 2019)