CourtListener 10855211•State of Idaho v. Erek Michael Rojas
Full text
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 50960
STATE OF IDAHO, )
) Filed: December 16, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
EREK MICHAEL ROJAS, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Lynn G. Norton, District Judge.
Judgment of conviction and unified sentence of twenty years, with a minimum
period of confinement of four years, for robbery, affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Justin M. Curtis, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before HUSKEY, Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Erek Michael Rojas pled guilty to robbery. I.C. §§ 18-6501and 18-6502. In exchange for
his guilty plea, additional charges were dismissed. The district court sentenced Rojas to a unified
term of twenty years, with a minimum period of confinement of four years, to run concurrently
with an unrelated sentence. Rojas filed an I.C.R. 35 motion, which the district court denied. Rojas
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
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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). 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, Rojas’s judgment of conviction and sentence are affirmed.
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