50164 State v. Larrea

CourtListener 10855701Idahoctapp23 mag 2023

Testo completo

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket Nos. 50162/50164

STATE OF IDAHO, )
) Filed: May 23, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
ERIC JAMES LARREA, ) 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. Jason D. Scott, District Judge.

Judgments of conviction and total unified sentences of nineteen years, with a
minimum period of confinement of five years, for eluding a peace officer and
grand theft, affirmed

Eric D. Fredericksen, State Appellate Public Defender; Jason C. Pintler, Deputy
Appellate Public Defender, Boise, for appellant.

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

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

PER CURIAM
In these consolidated cases, Eric James Larrea pled guilty to eluding a police officer,
Idaho Code § 49-1404(b), and grand theft, I.C. §§ 18-2403(1), 18-2407(1)(b), 18-2409. In
exchange for his guilty plea, additional charges were dismissed. The district court imposed a
determinate term of five years for the eluding conviction and a consecutive indeterminate term of
fourteen years for the grand theft conviction. Larrea appeals, contending that his sentences are
excessive.

1
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.
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, Larrea’s judgments of conviction and
sentences are affirmed.

2

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