State of Idaho v. Larry Ottis King, Jr

CourtListener 10855276Idahoctapp17 oct. 2024

Texte intégral

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51253

STATE OF IDAHO, )
) Filed: October 17, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
LARRY OTTIS KING, JR., ) OPINION AND SHALL NOT
) 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 ten unified, concurrent sentences of ten years with a
minimum period of confinement of five years on each of ten counts of sexual
exploitation of a child, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Elizabeth A. Allred, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________

PER CURIAM
Larry Ottis King, Jr. pled guilty to ten counts of sexual exploitation of a child, Idaho Code
§ 18-1507(2)(a). In exchange for his guilty plea, additional charges were dismissed. The district
court imposed concurrent, unified terms of ten years with five years determinate on each count.
King appeals, contending that his sentences are 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, King’s judgment of conviction and sentences
are affirmed.

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