State v. Gould, Docket No. 35797 (Idaho App. 10/27/2009)
| Decision Date | 27 October 2009 |
| Docket Number | Docket No. 35797. |
| Parties | STATE OF IDAHO, Plaintiff-Respondent, v. BRANDON GRANT GOULD, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Ronald J. Wilper, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years, for lewd conduct with a minor under the age of sixteen, affirmed.
Molly J. Huskey, 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 GUTIERREZ, Judge; GRATTON, Judge; and MELANSON, Judge.
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
Brandon Grant Gould was found guilty of lewd conduct with a minor under the age of sixteen. I.C. § 18-1508. The district court sentenced Gould to a unified term of ten years, with a minimum period of confinement of three years. Gould 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 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, Gould's judgment of conviction and sentence are affirmed.
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