State v. Creech

• Decision Date: 01 December 2022
• Docket Number: 49524
• Parties: STATE OF IDAHO, Plaintiff-Respondent, v. ASHTON JAMES CREECH, Defendant-Appellant.
• Court: Idaho Court of Appeals

STATE OF IDAHO, Plaintiff-Respondent, v. ASHTON JAMES CREECH, Defendant-Appellant.

No. 49524

Court of Appeals of Idaho

December 1, 2022

UNPUBLISHED OPINION

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of four years, for attempted robbery, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, 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; GRATTON, Judge; and HUSKEY, Judge.

PER CURIAM

Ashton James Creech pled guilty to attempted robbery. I.C. §§ 18-6501, 18-305 and 18204. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Creech to a unified term of fifteen years, with a minimum period of confinement of four years. Creech 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 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). 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, Creech's judgment of conviction and sentence are affirmed.