State v. Hughes

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. DAVID JOHN HUGHES…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 27, 2012

Docket No. 39339 (Idaho Ct. App. Nov. 27, 2012)

Opinion

Docket No. 39339 2012 Unpublished Opinion No. 734

11-27-2012

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID JOHN HUGHES, Defendant-Appellant.

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

PER CURIAM

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the First Judicial District, State of Idaho,

Bonner County. Hon. Steven C. Verby, District Judge.

Judgment of conviction and unified life sentence, with a minimum period of

confinement of twenty-five years, for lewd conduct with a minor under the age of

sixteen years, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy

Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney

General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

David John Hughes pled guilty to lewd conduct with a minor under the age of sixteen years. I.C. § 18-1508. The district court sentenced Hughes to a unified life term, with a minimum period of confinement of twenty-five years. Hughes 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, Hughes' judgment of conviction and sentence are affirmed.