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State of Idaho v. Charles Edward Liedberg

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


November 21, 2012

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
CHARLES EDWARD LIEDBERG, AKA FUZZY THE BEAR LIEDBERG; CHARLES EDWARD LIEDBERT, DEFENDANT-APPELLANT.

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Susan E. Wiebe, District Judge.

Per curiam.

2012 Unpublished Opinion No. 730

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of twenty years, with seven years determinate, for lewd conduct with a minor child under sixteen, affirmed.

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

Charles Edward Liedberg, aka Fuzzy The Bear Liedberg, Charles Edward Liedbert, pled guilty to lewd conduct with a minor child under sixteen. Idaho Code § 18-1508. The district court sentenced Liedberg to a unified term of twenty years, with seven years determinate. Liedberg filed an Idaho Criminal Rule 35 motion for reduction of his sentence, which the district court denied. Liedberg 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, Liedberg's judgment of conviction and sentence are affirmed.

20121121

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