State v. Luis Teran Abarca ( 2012 )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 38948
STATE OF IDAHO, ) 2012 Unpublished Opinion No. 535
)
Plaintiff-Respondent, ) Filed: June 26, 2012
)
v. ) Stephen W. Kenyon, Clerk
)
LUIS TERAN ABARCA, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho,
Valley County. Hon. Michael R. McLaughlin, District Judge.
Judgment of conviction and concurrent sentences of a unified term of thirty years,
with a minimum period of confinement of seven years, for one count of lewd and
lascivious conduct with a minor under sixteen years of age; a unified term of
twenty years, with a minimum period of confinement of seven years, for one
count of sexual abuse of a child under the age of sixteen years; and a unified term
of ten years, with a minimum period of confinement of five years, for one count
of sexual abuse of a child under sixteen years, affirmed.
Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, 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; GUTIERREZ, Judge;
and MELANSON, Judge
PER CURIAM
Luis Teran Abarca was found guilty of one count of lewd and lascivious conduct with a
minor under sixteen years of age, I.C. § 18-1508, and two counts of sexual abuse of a child under
the age of sixteen years, I.C. § 18-1506. The district court sentenced Abarca to a unified term of
thirty years, with a minimum period of confinement of seven years, for one count of lewd and
lascivious conduct with a minor under sixteen years of age; a unified term of twenty years, with a
minimum period of confinement of seven years, for one count of sexual abuse of a child under
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the age of sixteen years; and a unified term of ten years, with a minimum period of confinement
of five years, for one count of sexual abuse of a child under sixteen years. The district court
ordered that Abarca’s sentences be served concurrently. Abarca 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, Abarca’s judgment of conviction and sentences are affirmed.
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