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STATE v. RASCON, 38060. (2011)

Court: Court of Appeals of Idaho Number: inidco20110616196 Visitors: 5
Filed: Jun. 16, 2011
Latest Update: Jun. 16, 2011
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Juan Gabriel Rascon pled guilty to attempted first degree murder. Idaho Code 18-4001, 18-4002, 18-4003(a), 18-306. The district court sentenced Rascon to a unified term of fourteen years, with a minimum period of confinement of seven years. Rascon 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 sta
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM

Juan Gabriel Rascon pled guilty to attempted first degree murder. Idaho Code §§ 18-4001, 18-4002, 18-4003(a), 18-306. The district court sentenced Rascon to a unified term of fourteen years, with a minimum period of confinement of seven years. Rascon 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, Rascon's judgment of conviction and sentence are affirmed.

Source:  Leagle

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