State of Idaho v. Mario Ramirez, Jr

CourtListener 10855430Idahoctapp16 de mai. de 2024

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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50687

STATE OF IDAHO, )
) Filed: May 16, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
MARIO RAMIREZ, JR., ) 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 thirty years, with a minimum period
of confinement of ten years, for aggravated battery, affirmed.

Erik R. Lehtinen, 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 GRATTON, Chief Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________

PER CURIAM
Mario Ramirez, Jr. was found guilty of aggravated battery, Idaho Code § 18-907;
misdemeanor assault, I.C. § 18-901(a); and Ramirez pled guilty to being a persistent violator, I.C.
§ 19-2514. The district court imposed a unified sentence of thirty years with ten years determinate
for the aggravated battery charge to run concurrently with Ramirez’s other sentences and credit
for time served on a misdemeanor count. Ramirez appeals, contending 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, Ramirez’s judgment of conviction and sentence
are affirmed.

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