State v. Vazquez-Gomez

Decision Date22 September 2022
Docket Number49290
PartiesSTATE OF IDAHO, Plaintiff-Respondent, v. NICOLAS VAZQUEZ-GOMEZ, Defendant-Appellant.
CourtCourt of Appeals of Idaho

UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Steven J. Hippler, District Judge.

Judgment of conviction and unified sentence of thirty years, with a minimum period of confinement of ten years, for lewd conduct with a minor under sixteen years, 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 BRAILSFORD, Judge

PER CURIAM.

Nicolas Vazquez-Gomez was found guilty of lewd conduct with a minor under sixteen. I.C. § 18-1508. The district court sentenced Vazquez-Gomez to a unified term of thirty years, with a minimum period of confinement of ten years. Vazquez-Gomez 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, Vazquez-Gomez's judgment of conviction and sentence are affirmed.

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