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STATE v. GONZALES, 356. (2016)

Court: Court of Appeals of Idaho Number: inidco20160129238 Visitors: 5
Filed: Jan. 29, 2016
Latest Update: Jan. 29, 2016
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Gilbert Alexander Gonzales, Jr. pled guilty to first degree stalking. I.C. 18-7905. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Gonzales to a unified term of five years, with a minimum period of confinement of two years. However, the district court retained jurisdiction and sent Gonzales to participate in the rider program. Gonzales appeals, arguing that his
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Gilbert Alexander Gonzales, Jr. pled guilty to first degree stalking. I.C. § 18-7905. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Gonzales to a unified term of five years, with a minimum period of confinement of two years. However, the district court retained jurisdiction and sent Gonzales to participate in the rider program. Gonzales 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). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

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

Source:  Leagle

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