State v. Duran

• Court: Idaho Court of Appeals
• Decided: January 22, 2019
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45818

STATE OF IDAHO, ) ) Filed: January 22, 2019 Plaintiff-Respondent, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED KEVIN RYAN DURAN, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) )

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Cheri C. Copsey, District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of ten years, for aggravated assault enhanced for use of a deadly weapon, affirmed.

Eric D. Fredericksen, 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 HUSKEY, Judge; LORELLO, Judge; and BRAILSFORD, Judge ________________________________________________

PER CURIAM Kevin Ryan Duran pled guilty to aggravated assault, I.C. §§ 18-901(b) and 18-905(a), enhanced for use of a deadly weapon, I.C. § 19-2520. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Duran to a unified term of twenty years, with a minimum period of confinement of ten years. Duran appeals, arguing that his sentence is excessive.

1 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, Duran’s judgment of conviction and sentence are affirmed.