State of Idaho v. Evaristo Manuel Alvear

CourtListener 10855051Idahoctapp3 de jun. de 2025

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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51225

STATE OF IDAHO, )
) Filed: June 3, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
EVARISTO MANUEL ALVEAR, ) 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. Michael J. Reardon, District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum
period of confinement of ten years, for robbery, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Kimberly A. Coster, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before HUSKEY, Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Evaristo Manuel Alvear was found guilty of robbery. I.C. §§ 18-6501 and 18-6502. The
district court sentenced Alvear to a unified term of twenty years, with a minimum period of
confinement of ten years. Alvear appeals, arguing that his sentence is excessive.1

1
Alvear was also found guilty of and sentenced for an additional felony and an additional
misdemeanor, However, he does not challenge these judgments of convictions or sentences on
appeal.

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, Alvear’s judgment of conviction and sentence are affirmed.

2

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