Idaho Court of Appeals, 2013

State v. Andreas Austin Gutierrez

State v. Andreas Austin Gutierrez
Idaho Court of Appeals · Decided March 1, 2013

State v. Andreas Austin Gutierrez

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40014 STATE OF IDAHO, ) 2013 Unpublished Opinion No. 381 ) Plaintiff-Respondent, ) Filed: March 1, 2013 ) v. ) Stephen W. Kenyon, Clerk ) ANDREAS AUSTIN GUTIERREZ, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge.

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

Sara B. Thomas, State Appellate Public Defender; Diane M. Walker, 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 Andreas Austin Gutierrez pled guilty to robbery. I.C. §§ 18-6501, 18-6502, 18-204. In exchange for his guilty plea, a charge that Gutierrez used a firearm in the commission of the robbery was dismissed. The district court sentenced Gutierrez to a unified term of fifteen years, with a minimum period of confinement of five years. Gutierrez 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- (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, Gutierrez’s judgment of conviction and sentence are affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.