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State v. Wilkinson

Court of Appeals of Idaho

June 19, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
JEREMY DEAN WILKINSON, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 541

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

Judgment of conviction and consecutive, unified sentences of ten years, with three years determinate, for five counts of lewd conduct with a minor child under sixteen, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Jeremy Dean Wilkinson was found guilty of five counts of lewd conduct with a minor child under sixteen, Idaho Code § 18-1508, and admitted to being a persistent violator, I.C. § 19-2514. The district court sentenced Wilkinson to consecutive, unified terms of ten years, with three years determinate, for each count. Wilkinson appeals, contending his sentences are 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, Wilkinson's judgment of conviction and sentences are affirmed.


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