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State of Idaho v. David John Hughes

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


November 27, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
DAVID JOHN HUGHES,
DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.

Per curiam.

2012 Unpublished Opinion No. 734

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified life sentence, with a minimum period of confinement of twenty-five years, for lewd conduct with a minor under the age of sixteen years, affirmed.

Before LANSING, Judge; GUTIERREZ, Judge; and MELANSON, Judge

David John Hughes pled guilty to lewd conduct with a minor under the age of sixteen years. I.C. § 18-1508. The district court sentenced Hughes to a unified life term, with a minimum period of confinement of twenty-five years. Hughes appeals.

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, Hughes' judgment of conviction and sentence are affirmed.

20121127

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