State v. Jesse Michael Vierstra

• Court: Idaho Court of Appeals
• Decided: July 16, 2014
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 41393

STATE OF IDAHO, ) 2014 Unpublished Opinion No. 623 ) Plaintiff-Respondent, ) Filed: July 16, 2014 ) v. ) Stephen W. Kenyon, Clerk ) JESSE MICHAEL VIERSTRA, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY )

Appeal from the District Court of the Second Judicial District, State of Idaho, Latah County. Hon. Carl B. Kerrick, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for rape, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge

PER CURIAM Jesse Michael Vierstra was found guilty of rape. I.C. §§ 18-6101(4) and 18-6104. The district court sentenced Vierstra to a unified term of fifteen years, with a minimum period of confinement of five years. Vierstra appeals. 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

1 722, 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, Vierstra’s judgment of conviction and sentence are affirmed.