State of Idaho v. Terrance Michael Finnerty, Jr

CourtListener 10855119IdahoctappMar 24, 2025

Full text

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51348

STATE OF IDAHO, )
) Filed: March 24, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
TERRANCE MICHAEL FINNERTY, ) OPINION AND SHALL NOT
JR., ) BE CITED AS AUTHORITY
)
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner
County. Hon. Lamont C. Berecz, District Judge.

Judgment of conviction and determinate sentence of five years for aggravated
assault, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Jacob L. Westerfield, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Elizabeth H. Estess, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; LORELLO, Judge
and TRIBE, Judge
________________________________________________
PER CURIAM
Terrance Michael Finnerty, Jr. was found guilty of aggravated assault. Idaho Code § 18-
905(a). The district court sentenced Finnerty to a determinate term of five years. This sentence
was ordered to run consecutively to Finnerty’s other unrelated case. Finnerty appeals, arguing that
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-

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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). Our role is limited to determining whether reasonable minds could
reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150,
154 (Ct. App. 2020).
Applying these standards, and having reviewed the record in this case, we cannot say that
the district court abused its discretion. Therefore, Finnerty’s judgment of conviction and sentence
are affirmed.

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