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State v. Knight

COURT OF APPEALS OF THE STATE OF IDAHO
Feb 19, 2014
Docket No. 40614 (Idaho Ct. App. Feb. 19, 2014)

Opinion

Docket No. 40614 2014 Unpublished Opinion No. 379

02-19-2014

STATE OF IDAHO, Plaintiff-Respondent, v. RICHARD WILLIAM KNIGHT, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED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 Third Judicial District, State of Idaho, Canyon County. Hon. Renae J. Hoff, District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of ten years, for two counts of lewd conduct with minor under sixteen; and a concurrent unified sentence of fifteen years with five years determinate for one count of sexual abuse of a child under sixteen, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Richard William Knight was found guilty of two counts of lewd conduct with minor under sixteen, Idaho Code § 18-1508; and one count of sexual abuse of a child under sixteen, I.C. § 18-1506(b). The district court sentenced Knight to a unified term of twenty years, with a minimum period of confinement of ten years for the two counts of lewd conduct with a minor under sixteen, and a concurrent unified sentence of fifteen years with five years determinate for the one count of sexual abuse of a child under sixteen. Knight 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, Knight's judgment of conviction and sentences are affirmed.


Summaries of

State v. Knight

COURT OF APPEALS OF THE STATE OF IDAHO
Feb 19, 2014
Docket No. 40614 (Idaho Ct. App. Feb. 19, 2014)
Case details for

State v. Knight

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. RICHARD WILLIAM KNIGHT…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 19, 2014

Citations

Docket No. 40614 (Idaho Ct. App. Feb. 19, 2014)

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