Idaho Court of Appeals, 2014

State v. Jesse Michael Vierstra

State v. Jesse Michael Vierstra
Idaho Court of Appeals · Decided July 16, 2014

State v. Jesse Michael Vierstra

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41393 STATE OF IDAHO, ) 2014 Unpublished Opinion No. 623 ) Plaintiff-Respondent, ) Filed: July 16, 2014 ) v. ) Stephen W. Kenyon, Clerk ) JESSE MICHAEL VIERSTRA, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Second Judicial District, State of Idaho, Latah County. Hon. Carl B. Kerrick, District Judge.

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

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM Jesse Michael Vierstra was found guilty of rape. I.C. §§ 18-6101(4) and 18-6104. The district court sentenced Vierstra to a unified term of fifteen years, with a minimum period of confinement of five years. Vierstra 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 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, Vierstra’s judgment of conviction and sentence are affirmed.

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