State v. Holsopple

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. HANS MICHAEL HOLSOPPLE…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 27, 2012

Docket No. 38685 (Idaho Ct. App. Feb. 27, 2012)

Opinion

Docket No. 38685

02-27-2012

STATE OF IDAHO, Plaintiff-Respondent, v. HANS MICHAEL HOLSOPPLE, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Diane M. Walker, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PER CURIAM

2012 Unpublished Opinion No. 375

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Timothy Hansen, District Judge.
Judgment of conviction and concurrent life sentences, with minimum periods of confinement of twenty years, for first degree kidnapping and rape, affirmed.
Sara B. Thomas, State Appellate Public Defender; Diane M. Walker, 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; LANSING, Judge;

and GUTIERREZ, Judge

PER CURIAM

Hans Michael Holsopple pled guilty to first degree kidnapping, Idaho Code §§ 18-4501, 18-4502, 18-204, 19-304, and rape, Idaho Code §§ 18-6101, 19-304. The district court sentenced Holsopple to concurrent life terms, with twenty years determinate, for each count. Holsopple appeals.

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, Holsopple's judgment of conviction and sentences are affirmed