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State v. Hernandez-Vargas

Court of Appeals of Idaho

February 25, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
MARTIN HERNANDEZ-VARGAS, Defendant-Appellant.

2014 Unpublished Opinion No. 395

UNPUBLISHED OPINION

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge.

Judgment of conviction and unified sentence of twenty years, with eight years determinate, for aggravated battery with a deadly weapon enhancement, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Martin Hernandez-Vargas was found guilty of aggravated battery with a deadly weapon enhancement. Idaho Code §§ 18-903, 18-907, 19-2520. The district court sentenced Hernandez-Vargas to a unified term of twenty years, with eight years determinate. Hernandez-Vargas 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, Hernandez-Vargas's judgment of conviction and sentence are affirmed.


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