State v. Turner

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. TERRENCE WILLIAM TURNER…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jan 11, 2012

Docket No. 39025 (Idaho Ct. App. Jan. 11, 2012)

Opinion

Docket No. 39025 2012 Unpublished Opinion No. 316

01-11-2012

STATE OF IDAHO, Plaintiff-Respondent, v. TERRENCE WILLIAM TURNER, Defendant-Appellant.

Molly J. Huskey, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

PER CURIAM

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Lansing L. Haynes, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for lewd conduct with a minor under sixteen, affirmed.

Molly J. Huskey, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; LANSING, Judge;

and GUTIERREZ, Judge

PER CURIAM

Terrence William Turner pled guilty to lewd conduct with a minor under sixteen. Idaho Code § 18-1508. The district court sentenced Turner to a unified term of fifteen years, with a minimum period of confinement of five years. Turner 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, Turner's judgment of conviction and sentence are affirmed.