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State v. Ostler

Court of Appeals of Idaho

February 25, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
KENT TORREY OSTLER, Defendant-Appellant.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 392

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Madison County. Hon. Darren B. Simpson, District Judge.

Judgment of conviction and unified sentence of thirty years, with a minimum period of confinement of ten years, for lewd conduct with a 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 LANSING, Judge; GRATTON, Judge; and MELANSON, Judge.

PER CURIAM.

Kent Torrey Ostler pled guilty to lewd conduct with a child under sixteen. Idaho Code § 18-1508. The district court sentenced Ostler to a unified term of thirty years, with a minimum period of confinement of ten years. Ostler appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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, Ostler's judgment of conviction and sentence are affirmed.


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