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State v. Nikichimus

Court of Appeals of Idaho
Nov 27, 2024
No. 51647 (Idaho Ct. App. Nov. 27, 2024)

Opinion

51647

11-27-2024

STATE OF IDAHO, Plaintiff-Respondent, v. MARION NIKICHIMUS, Defendant-Appellant.

Erik R. Lehtinen, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Elizabeth H. Estess, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Steven J. Hippler, District Judge.

Judgment of conviction and unified life sentence, with a minimum period of confinement of twenty years, for second degree murder, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Elizabeth H. Estess, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; LORELLO, Judge; and TRIBE, Judge

PER CURIAM

Marion Nikichimus pled guilty to second degree murder. I.C. §§ 18-4001, 18-4002, and 18-4003. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Nikichimus to a unified life term, with a minimum period of confinement of twenty years. Nikichimus appeals, arguing 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, Nikichimus's judgment of conviction and sentence are affirmed.


Summaries of

State v. Nikichimus

Court of Appeals of Idaho
Nov 27, 2024
No. 51647 (Idaho Ct. App. Nov. 27, 2024)
Case details for

State v. Nikichimus

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MARION NIKICHIMUS…

Court:Court of Appeals of Idaho

Date published: Nov 27, 2024

Citations

No. 51647 (Idaho Ct. App. Nov. 27, 2024)