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State v. Mendoza

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 16, 2014
Docket No. 42073 (Idaho Ct. App. Dec. 16, 2014)

Opinion

Docket No. 42073 2014 Unpublished Opinion No. 868

12-16-2014

STATE OF IDAHO, Plaintiff-Respondent, v. RUBEN CARREON MENDOZA, 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; Jessica M. Lorello, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Seventh Judicial District, State of Idaho, Bonneville County. Hon. Dane H. Watkins, Jr., District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of one and one-half years, for domestic battery with traumatic injury, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; LANSING, Judge; and GRATTON, Judge PER CURIAM

Ruben Carreon Mendoza entered an Alford plea to domestic battery with traumatic injury. I.C. § 18-918(2). In exchange for his guilty plea, the state agreed not to pursue an allegation that Mendoza was a persistent violator. The district court sentenced Mendoza to a unified term of ten years, with a minimum period of confinement of one and one-half years. Mendoza filed an I.C.R 35 motion, which the district court denied. Mendoza 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, Mendoza's judgment of conviction and sentence are affirmed.

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


Summaries of

State v. Mendoza

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 16, 2014
Docket No. 42073 (Idaho Ct. App. Dec. 16, 2014)
Case details for

State v. Mendoza

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. RUBEN CARREON MENDOZA…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 16, 2014

Citations

Docket No. 42073 (Idaho Ct. App. Dec. 16, 2014)