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State v. Gonzalez

Court of Appeals of Idaho

June 21, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
RAMON VILLALBA GONZALEZ, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 548

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Stephen S. Dunn, District Judge.

Judgment of conviction and unified sentence of six years, with two years determinate, for lewd conduct with a minor child under sixteen, affirmed.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Ramon Villalba Gonzalez pled guilty to lewd conduct with a minor child under sixteen, Idaho Code § 18-1508. The district court sentenced Gonzalez to a unified term of six years, with two years determinate. Gonzalez appeals, contending his sentence is 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, Gonzalez's judgment of conviction and sentence are affirmed.


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