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State of Idaho v. Reynaldo Medina

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


January 17, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
REYNALDO MEDINA, JR.,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge.

Per curiam.

2013 Unpublished Opinion No. 332

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 eight years determinate, for lewd conduct with a minor child under sixteen, affirmed.

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

Pursuant to a plea agreement, Reynaldo Medina, Jr. pled guilty to lewd conduct with a minor child under sixteen. Idaho Code § 18-1508. The district court sentenced Medina to a unified term of twenty years, with eight years determinate, to run concurrently with any other sentence Medina was then serving. Medina appeals, contending his sentence is excessive.*fn1

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 the district court abused its discretion with regard to the indeterminate portion of Medina's sentence. Despite any invited error, Medina has also failed to demonstrate the district court abused its discretion with regard to the determinate portion of his sentence.

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


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