State v. Grove

CourtListener 4603874IdahoctappMar 26, 2019

Full text

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 46338

STATE OF IDAHO, )
) Filed: March 26, 2019
Plaintiff-Respondent, )
) Karel A. Lehrman, Clerk
v. )
) THIS IS AN UNPUBLISHED
SAMUEL BRUCE GROVE, ) 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. Samuel Hoagland, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum
period of confinement of three years, for enticement of a child through use of the
internet or other communication device, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred,
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; LORELLO, Judge;
and BRAILSFORD, Judge
________________________________________________

PER CURIAM
Samuel Bruce Grove pled guilty to enticement of a child through the internet or other
communication device. I.C. § 18-1509A. The district court sentenced Grove to a unified term of
fifteen years, with a minimum period of confinement of three years. Grove 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). Applying these standards, and having reviewed the record
in this case, we cannot say that the district court abused its discretion.
Therefore, Grove’s judgment of conviction and sentence are affirmed.

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