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STATE v. SOTO, 41775 (2014)

Court: Court of Appeals of Idaho Number: inidco20141203215 Visitors: 15
Filed: Dec. 03, 2014
Latest Update: Dec. 03, 2014
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Jose Luis Soto entered an Alford 1 plea to aggravated assault. Idaho Code 18-901(a)(b), 18-905(a), 18-204. The district court sentenced Soto to a unified sentence of five years with one year determinate and ordered that it run consecutively to his sentence in a prior case. Soto appeals asserting that the district court abused its discretion by ordering his sentence in this matter to run consecutive to, rather
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Jose Luis Soto entered an Alford1 plea to aggravated assault. Idaho Code §§ 18-901(a)(b), 18-905(a), 18-204. The district court sentenced Soto to a unified sentence of five years with one year determinate and ordered that it run consecutively to his sentence in a prior case. Soto appeals asserting that the district court abused its discretion by ordering his sentence in this matter to run consecutive to, rather than concurrent with, a prior sentence in another case.

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, the order of the district court imposing sentence and directing Soto's sentence to run consecutive to a prior sentence is affirmed.

FootNotes


1. See North Carolina v. Alford, 400 U.S. 25 (1970).
Source:  Leagle

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