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STATE v. FLORES, 38363 (2011)

Court: Court of Appeals of Idaho Number: inidco20111221369 Visitors: 20
Filed: Dec. 21, 2011
Latest Update: Dec. 21, 2011
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Gabriel Flores was convicted of aggravated battery, Idaho Code 18-903(b), 18-907(a), and attempted strangulation, I.C. 18-923. The district court sentenced Flores to concurrent unified sentences of fifteen years, with minimum periods of confinement of seven and one-half years. Flores appeals, contending that his sentences are excessive. Sentencing is a matter for the trial court's discretion. Both our standard
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Gabriel Flores was convicted of aggravated battery, Idaho Code §§ 18-903(b), 18-907(a), and attempted strangulation, I.C. § 18-923. The district court sentenced Flores to concurrent unified sentences of fifteen years, with minimum periods of confinement of seven and one-half years. Flores appeals, contending that his sentences are 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). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Flores's judgment of conviction and sentences are affirmed.

Source:  Leagle

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