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STATE v. ARELLANO, 38880 (2012)

Court: Court of Appeals of Idaho Number: inidco20120507149 Visitors: 2
Filed: May 07, 2012
Latest Update: May 07, 2012
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Juan Manuel Arellano pled guilty to murder in the first degree with an enhanced penalty for use of a firearm or deadly weapon. Idaho Code 18-4001, 18-4002, 18-4003, and 19-2520. The district court sentenced Arellano to a unified term of life, with a minimum period of confinement of twenty-two years. Arellano filed an Idaho Criminal Rule 35 motion for reduction of his sentence, which the district court denied. Are
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Juan Manuel Arellano pled guilty to murder in the first degree with an enhanced penalty for use of a firearm or deadly weapon. Idaho Code §§ 18-4001, 18-4002, 18-4003, and 19-2520. The district court sentenced Arellano to a unified term of life, with a minimum period of confinement of twenty-two years. Arellano filed an Idaho Criminal Rule 35 motion for reduction of his sentence, which the district court denied. Arellano now appeals, contending 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). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Arellano's judgment of conviction and sentence are affirmed.

Source:  Leagle

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