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State of Idaho v. Jason Michael Spelts

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


June 28, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JASON MICHAEL SPELTS, DEFENDANT-APPELLANT.

Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Carl B. Kerrick, District Judge.

Per curiam.

2012 Unpublished Opinion No. 543

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and concurrent, unified sentences of fifteen years, with minimum periods of confinement of four years, for sexual abuse of a child under the age of sixteen years and lewd conduct with a minor child under sixteen, affirmed.

Before GRATTON, Chief Judge; LANSING, Judge; and GUTIERREZ, Judge

Jason Michael Spelts pled guilty to sexual abuse of a child under the age of sixteen years, Idaho Code § 18-1506(1)(a), and lewd conduct with a minor child under sixteen, Idaho Code § 18-1508. The district court sentenced Spelts to concurrent, unified terms of fifteen years, with minimum periods of confinement of four years. Spelts appeals, contending the district court abused its discretion by refusing to order a period of retained jurisdiction.

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, Spelts' judgment of conviction and sentence are affirmed.

20120628

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