State v. Ramone T. McBride

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40943 STATE OF IDAHO, ) 2014 Unpublished Opinion No. 360 ) Plaintiff-Respondent, ) Filed: February 7, 2014 ) v. ) Stephen W. Kenyon, Clerk ) RAMONE TRAVIS MCBRIDE, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) 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 fifteen years, with six years determinate, for lewd conduct with a minor under sixteen, affirmed. Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM Ramone Travis McBride pled guilty to lewd conduct with a minor under sixteen. Idaho Code § 18-1508. The district court sentenced McBride to a unified term of fifteen years, with six years determinate. McBride appeals, contending 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 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 1 722, 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, McBride’s judgment of conviction and sentence are affirmed. 2