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State v. Lipscomb

Court of Appeals of Idaho
Mar 13, 2024
No. 50790 (Idaho Ct. App. Mar. 13, 2024)

Opinion

50790

03-13-2024

STATE OF IDAHO, Plaintiff-Respondent, v. MATTHEW LEE LIPSCOMB, Defendant-Appellant.

Maya P. Waldron, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Barbara A. Duggan, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years, for felony injury to a child, affirmed.

Maya P. Waldron, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before HUSKEY, Judge; LORELLO, Judge; and TRIBE, Judge

PER CURIAM

Matthew Lee Lipscomb entered an Alford plea to felony injury to a child. I.C. § 181501(1). The district court sentenced Lipscomb to a unified term of ten years, with a minimum period of confinement of three years. Lipscomb appeals, arguing that his sentence is excessive.

See North Carolina v. Alford, 400 U.S. 25 (1970).

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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Lipscomb's judgment of conviction and sentence are affirmed.


Summaries of

State v. Lipscomb

Court of Appeals of Idaho
Mar 13, 2024
No. 50790 (Idaho Ct. App. Mar. 13, 2024)
Case details for

State v. Lipscomb

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MATTHEW LEE LIPSCOMB…

Court:Court of Appeals of Idaho

Date published: Mar 13, 2024

Citations

No. 50790 (Idaho Ct. App. Mar. 13, 2024)