State v. Cabrera-Mendoza, 49609

CourtCourt of Appeals of Idaho
Writing for the CourtPER CURIAM
PartiesSTATE OF IDAHO, Plaintiff-Respondent, v. JORGE A. CABRERA-MENDOZA, Defendant-Appellant.
Docket Number49609
Decision Date17 November 2022

STATE OF IDAHO, Plaintiff-Respondent,
v.

JORGE A. CABRERA-MENDOZA, Defendant-Appellant.

No. 49609

Court of Appeals of Idaho

November 17, 2022


UNPUBLISHED OPINION

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Gooding County. Hon. Rosemary Emory, District Judge.

Judgment of conviction and unified sentence fifteen years, with a minimum period of confinement of four years, for lewd conduct with a minor under sixteen years, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before LORELLO, Chief Judge; HUSKEY, Judge; and BRAILSFORD, Judge.

PER CURIAM

Jorge A. Cabrera-Mendoza pled guilty to lewd conduct with a minor under sixteen. I.C. § 18-1508. The district court sentenced Cabrera-Mendoza to a unified term of fifteen years, with a minimum period of confinement of four years. Cabrera-Mendoza appeals, arguing that 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

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need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 101415 (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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Cabrera-Mendoza's judgment of conviction and sentence are affirmed.

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