Idaho Court of Appeals, 2015

State v. Alejandro Desiderio-Ocampo

State v. Alejandro Desiderio-Ocampo
Idaho Court of Appeals · Decided November 30, 2015

State v. Alejandro Desiderio-Ocampo

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 43172 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 733 ) Plaintiff-Respondent, ) Filed: November 30, 2015 ) v. ) Stephen W. Kenyon, Clerk ) ALEJANDRO DESIDERIO-OCAMPO, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant.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 lewd conduct with a minor under sixteen, affirmed.

Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before MELANSON, Chief Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Alejandro Desiderio-Ocampo pled guilty to lewd conduct with a minor under sixteen. Idaho Code § 18-1508. The district court sentenced Desiderio-Ocampo to a unified term of fifteen years with five years determinate. Desiderio-Ocampo appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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, Desiderio-Ocampo’s judgment of conviction and sentence are affirmed.

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