Filed Date: 10/6/2015
Status: Non-Precedential
Modified Date: 10/6/2015
IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 42894 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 653 ) Plaintiff-Respondent, ) Filed: October 6, 2015 ) v. ) Stephen W. Kenyon, Clerk ) JESSEY JOY GILPIN, JR., ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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, Ada County. Hon. Michael E. Wetherell, District Judge. Judgment of conviction and unified sentence of life, with twenty years determinate, for lewd conduct with a minor under sixteen, 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 GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Jessey Joy Gilpin, Jr., pled guilty to lewd conduct with a minor under sixteen. Idaho Code § 18-1508. The district court sentenced Gilpin to a unified term of life with twenty years determinate. Gilpin 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- 15 (Ct. App. 1991); State v. Lopez,106 Idaho 447
, 449-51,680 P.2d 869
, 871-73 (Ct. App. 1 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, Gilpin’s judgment of conviction and sentence are affirmed. 2