State v. Sean Paul Dulac ( 2017 )


Menu:
  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 44506
    STATE OF IDAHO,                                 )   2017 Unpublished Opinion No. 558
    )
    Plaintiff-Respondent,                    )   Filed: August 28, 2017
    )
    v.                                              )   Karel A. Lehrman, Clerk
    )
    SEAN PAUL DULAC,                                )   THIS IS AN UNPUBLISHED
    )   OPINION AND SHALL NOT
    Defendant-Appellant.                     )   BE CITED AS AUTHORITY
    )
    Appeal from the District Court of the Seventh Judicial District, State of Idaho,
    Bonneville County. Hon. Bruce L. Pickett, District Judge.
    Judgment of conviction and unified sentence of twenty years with a minimum
    period of confinement of four years, for sexual battery of a minor child sixteen or
    seventeen years of age, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, 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 HUSKEY, Judge
    ________________________________________________
    PER CURIAM
    Sean Paul Dulac pled guilty to sexual battery of a minor child sixteen or seventeen years
    of age. 
    Idaho Code § 18
    -1508A(1)(c). The district court sentenced Dulac to a unified term of
    twenty years with four years determinate. Dulac appeals asserting that the district court abused
    its discretion by imposing an excessive sentence.
    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-
    1
    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, Dulac’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 8/28/2017

Precedential Status: Non-Precedential

Modified Date: 4/17/2021