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State of Idaho v. andreas Austin Gutierrez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


March 1, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
ANDREAS AUSTIN GUTIERREZ,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge.

Per curiam.

2013 Unpublished Opinion No. 381

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for robbery, affirmed.

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

Andreas Austin Gutierrez pled guilty to robbery. I.C. §§ 18-6501, 18-6502, 18-204. In exchange for his guilty plea, a charge that Gutierrez used a firearm in the commission of the robbery was dismissed. The district court sentenced Gutierrez to a unified term of fifteen years, with a minimum period of confinement of five years. Gutierrez 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, Gutierrez's judgment of conviction and sentence are affirmed.

20130301

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