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State of Idaho v. Manuel De Jesus Delacruz Perez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


January 3, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
MANUEL DE JESUS DELACRUZ PEREZ,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge.

Per curiam.

2013 Unpublished Opinion No. 305 Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

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

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

Manuel De Jesus Delacruz Perez pled guilty to lewd and lascivious conduct with a minor child under the age of sixteen. I.C. § 18-1508. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Perez to a unified term of twenty-five years, with a minimum period of confinement of three years. Perez 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, Perez's judgment of conviction and sentence are affirmed.

20130103

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