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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 46038 STATE OF IDAHO, ) ) Filed: February 20, 2019 Plaintiff-Respondent, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED GIOVANNI LUNA, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Richard D. Greenwood, District Judge. Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for aggravated battery, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; HUSKEY, Judge; and BRAILSFORD, Judge ________________________________________________ PER CURIAM Giovanni Luna pled guilty to aggravated battery. Idaho Code §§ 18-903(a), 18-907(a), 19-2520F. The district court sentenced Luna to a unified term of fifteen years with five years determinate. Luna 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. 1 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, Luna’s judgment of conviction and sentence are affirmed. 2
Document Info
Filed Date: 2/20/2019
Precedential Status: Non-Precedential
Modified Date: 4/17/2021