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 2019-04

State v. Garcia ( 2019 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 46091
STATE OF IDAHO,                               )
)   Filed: April 24, 2019
Plaintiff-Respondent,                  )
)   Karel A. Lehrman, Clerk
v.                                            )
)   THIS IS AN UNPUBLISHED
JAVIER JUAN GARCIA,                           )   OPINION AND SHALL NOT
)   BE CITED AS AUTHORITY
Defendant-Appellant.                   )
)
Appeal from the District Court of the Third Judicial District, State of Idaho,
Canyon County. Hon. Gene A. Petty, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of six years, for conspiracy to recruit criminal gang
members, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Maya P. Waldron, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before GRATTON, Chief Judge; LORELLO, Judge;
and BRAILSFORD, Judge
________________________________________________
PER CURIAM
Javier Juan Garcia pled guilty to conspiracy to recruit criminal gang members. I.C.
§§ 18-8504, 18-8505, and 18-1701. The district court sentenced Garcia to a unified term of ten
years, with a minimum period of confinement of six years. The district court ordered that
Garcia’s sentence run concurrently with other unrelated sentences. Garcia appeals, arguing that
his sentence is excessive.
1
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, Garcia’s judgment of conviction and sentence are affirmed.
2