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State v. Mossi

Court of Appeals of Idaho
Oct 5, 2021
No. 48649 (Idaho Ct. App. Oct. 5, 2021)

Opinion

48649

10-05-2021

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID LEE MOSSI, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

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

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of three years, for stalking in the first degree, affirmed

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.

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

Before HUSKEY, Chief Judge; GRATTON, Judge; and BRAILSFORD, Judge

PER CURIAM

David Lee Mossi pled guilty to stalking in the first degree, Idaho Code § 18-7905. The district court imposed a unified sentence of five years with three years determinate. Mossi 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, Mossi's judgment of conviction and sentence are affirmed.


Summaries of

State v. Mossi

Court of Appeals of Idaho
Oct 5, 2021
No. 48649 (Idaho Ct. App. Oct. 5, 2021)
Case details for

State v. Mossi

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DAVID LEE MOSSI…

Court:Court of Appeals of Idaho

Date published: Oct 5, 2021

Citations

No. 48649 (Idaho Ct. App. Oct. 5, 2021)