State v. Juan Gabriel Morales ( 2013 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 40155
    STATE OF IDAHO,                                  )     2013 Unpublished Opinion No. 692
    )
    Plaintiff-Respondent,                     )     Filed: October 2, 2013
    )
    v.                                               )     Stephen W. Kenyon, Clerk
    )
    JUAN GABRIEL MORALES,                            )     THIS IS AN UNPUBLISHED
    )     OPINION AND SHALL NOT
    Defendant-Appellant.                      )     BE CITED AS AUTHORITY
    )
    Appeal from the District Court of the Third Judicial District, State of Idaho,
    Canyon County. Hon. Renae J. Hoff, District Judge.
    Judgment of conviction and unified sentence of ten years, with five years
    determinate, for robbery, affirmed.
    Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy
    Attorney General, Boise, for respondent.
    ________________________________________________
    Before GUTIERREZ, Chief Judge; GRATTON, Judge;
    and MELANSON, Judge
    PER CURIAM
    Juan Gabriel Morales was found guilty of robbery, 
    Idaho Code §§ 18-6501
    , 18-6502, and
    18-6503. The district court sentenced Morales to a unified term of ten years, with five years
    determinate. Morales appeals, contending 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
                              1
    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, Morales’ judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 10/2/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021