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State v. Ribaudo

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 30, 2014
Docket No. 42150 (Idaho Ct. App. Oct. 30, 2014)

Opinion

Docket No. 42150 2014 Unpublished Opinion No. 787

10-30-2014

STATE OF IDAHO, Plaintiff-Respondent, v. JUSTIN A. RIBAUDO, Defendant-Appellant.

Bartholick Law, PLLC, Sean P. Bartholick, Rexburg, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Seventh Judicial District, State of Idaho, Jefferson County. Hon. Alan C. Stephens, District Judge. Judgment of conviction and concurrent unified sentences of four years, with a minimum period of confinement of two years, and three years, with a minimum period of confinement of one and one-half years, for two counts of aggravated assault, affirmed. Bartholick Law, PLLC, Sean P. Bartholick, Rexburg, 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

Justin A. Ribaudo pled guilty to two counts of aggravated assault. I.C. §§ 18-901(b) and 18-905(b). The district court sentenced Ribaudo to a unified term of four years, with a minimum period of confinement of two years, and a concurrent unified term of three years, with a minimum period of confinement of one and one-half years. Ribaudo 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, 101415 (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, Ribaudo's judgment of conviction and sentences are affirmed.


Summaries of

State v. Ribaudo

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 30, 2014
Docket No. 42150 (Idaho Ct. App. Oct. 30, 2014)
Case details for

State v. Ribaudo

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JUSTIN A. RIBAUDO…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 30, 2014

Citations

Docket No. 42150 (Idaho Ct. App. Oct. 30, 2014)