State v. Kelley ( 2018 )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 45731
STATE OF IDAHO, )
) Filed: December 24, 2018
Plaintiff-Respondent, )
) Karel A. Lehrman, Clerk
v. )
) THIS IS AN UNPUBLISHED
TYLER JOHN KELLEY, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
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 concurrent unified sentences of thirty years, with a
minimum period of confinement of four years, for one count of sexual battery of a
minor and one count of lewd conduct with a minor, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred,
Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy
Attorney General, Boise, for respondent.
________________________________________________
Before GRATTON, Chief Judge; HUSKEY, Judge;
and LORELLO, Judge
________________________________________________
PER CURIAM
Tyler John Kelley pled guilty to one count of sexual battery of a minor and one count of
lewd conduct with a minor. Idaho Code §§ 18-1508A(1)(a), 18-1508. The district court
sentenced Kelley to concurrent unified sentences of thirty years with four years determinate on
both counts. Kelley appeals asserting that the district court abused its discretion by imposing
excessive sentences.
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
1
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, Kelley’s judgment of conviction and sentences are affirmed.
2