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State v. Matthews

Court of Appeals of Idaho

June 19, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
CLINTON THERON MATTHEWS, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 543

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

Judgment of conviction and concurrent unified sentences of life with twenty years determinate for lewd conduct with a minor under the age of sixteen, and twenty-five years with twenty years determinate for each of three counts of sexual abuse of a child under the age of 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 MELANSON, Judge.

PER CURIAM.

Clinton Theron Matthews was convicted of lewd conduct with a minor under the age of sixteen, Idaho Code § 18-1508, and three counts of sexual abuse of a child under the age of sixteen, I.C. § 18-1506. The district court sentenced Matthews to concurrent unified sentences of life with twenty years determinate for lewd conduct with a minor under the age of sixteen, and twenty-five years with twenty years determinate for each of three counts of sexual abuse of a child under the age of sixteen. Matthews appeals, contending that 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, Matthews' judgment of conviction and sentences are affirmed.


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