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State v. Ramos

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 26, 2014
Docket No. 41795 (Idaho Ct. App. Nov. 26, 2014)

Opinion

Docket No. 41795 2014 Unpublished Opinion No. 831

11-26-2014

STATE OF IDAHO, Plaintiff-Respondent, v. RENE RAMOS, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of two, for battery on a peace officer, affirmed. Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM

Rene Ramos pled guilty to battery on a peace officer. Idaho Code § 18-915(3). The district court sentenced Ramos to a unified term of five years, with a minimum period of confinement of two. Ramos appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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


Summaries of

State v. Ramos

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 26, 2014
Docket No. 41795 (Idaho Ct. App. Nov. 26, 2014)
Case details for

State v. Ramos

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. RENE RAMOS, Defendant-Appellant.

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 26, 2014

Citations

Docket No. 41795 (Idaho Ct. App. Nov. 26, 2014)