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State v. Vazquez-Gomez

Court of Appeals of Idaho
Sep 22, 2022
No. 49290 (Idaho Ct. App. Sep. 22, 2022)

Opinion

49290

09-22-2022

STATE OF IDAHO, Plaintiff-Respondent, v. NICOLAS VAZQUEZ-GOMEZ, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, 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UNPUBLISHED OPINION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 Fourth Judicial District, State of Idaho, Ada County. Hon. Steven J. Hippler, District Judge.

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

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM.

Nicolas Vazquez-Gomez was found guilty of lewd conduct with a minor under sixteen. I.C. § 18-1508. The district court sentenced Vazquez-Gomez to a unified term of thirty years, with a minimum period of confinement of ten years. Vazquez-Gomez 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, Vazquez-Gomez's judgment of conviction and sentence are affirmed.


Summaries of

State v. Vazquez-Gomez

Court of Appeals of Idaho
Sep 22, 2022
No. 49290 (Idaho Ct. App. Sep. 22, 2022)
Case details for

State v. Vazquez-Gomez

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. NICOLAS VAZQUEZ-GOMEZ…

Court:Court of Appeals of Idaho

Date published: Sep 22, 2022

Citations

No. 49290 (Idaho Ct. App. Sep. 22, 2022)