State v. Covington

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JOHNATHAN RICHARD COVINGTON…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 27, 2012

Docket No. 38828 (Idaho Ct. App. Feb. 27, 2012)

Opinion

Docket No. 38828 2012 Unpublished Opinion No. 374

02-27-2012

STATE OF IDAHO, Plaintiff-Respondent, v. JOHNATHAN RICHARD COVINGTON, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PER CURIAM

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Franklin County. Hon. Mitchell W. Brown, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years , for lewd conduct with a minor child under sixteen, affirmed.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Johnathan Richard Covington pled guilty to lewd conduct with a minor child under sixteen. Idaho Code § 18-1508. The district court sentenced Covington to a term of ten years, with three years determinate. Covington appeals.

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). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Covington's judgment of conviction and sentence are affirmed.