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State v. Richey

Court of Appeals of Idaho
Jun 15, 2021
No. 48024 (Idaho Ct. App. Jun. 15, 2021)

Opinion

48024

06-15-2021

STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT JOHN RICHEY, III, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, 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UNPUBLISHED OPINION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 Seventh Judicial District, State of Idaho, Madison County. Hon. Stevan H. Thompson District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of eight years, for lewd conduct with a child under sixteen, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, 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

Robert John Richey, III, entered an Alford plea to lewd conduct with a child under sixteen. I.C. § 18-1508. The district court sentenced Richey to a unified sentence of twenty years, with eight years determinate. Richey appeals.

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

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


Summaries of

State v. Richey

Court of Appeals of Idaho
Jun 15, 2021
No. 48024 (Idaho Ct. App. Jun. 15, 2021)
Case details for

State v. Richey

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT JOHN RICHEY, III…

Court:Court of Appeals of Idaho

Date published: Jun 15, 2021

Citations

No. 48024 (Idaho Ct. App. Jun. 15, 2021)