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State v. Litz

Court of Appeals of Idaho
Oct 27, 2021
No. 48514 (Idaho Ct. App. Oct. 27, 2021)

Opinion

48514

10-27-2021

STATE OF IDAHO, Plaintiff-Respondent, v. ALEX MICHAEL LITZ, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Emily M. Joyce, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Justin R. Porter, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. James Cawthon, District Judge.

Judgment of conviction and unified sentence of twenty years with three years determinate for lewd conduct with a minor under sixteen, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Emily M. Joyce, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Justin R. Porter, Deputy Attorney General, Boise, for respondent.

Before HUSKEY, Chief Judge; LORELLO, Judge; and BRAILSFORD, Judge.

PER CURIAM.

Alex Michael Litz pled guilty to lewd conduct with a minor under sixteen, Idaho Code § 18-1508. In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified sentence of twenty years with three years determinate. Litz appeals, contending that his sentence is excessive.

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, Litz's judgment of conviction and sentence are affirmed.


Summaries of

State v. Litz

Court of Appeals of Idaho
Oct 27, 2021
No. 48514 (Idaho Ct. App. Oct. 27, 2021)
Case details for

State v. Litz

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ALEX MICHAEL LITZ…

Court:Court of Appeals of Idaho

Date published: Oct 27, 2021

Citations

No. 48514 (Idaho Ct. App. Oct. 27, 2021)