50196 State v. Morgan

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket Nos. 50195/50196 STATE OF IDAHO, ) ) Filed: August 29, 2023 Plaintiff-Respondent, ) ) Melanie Gagnepain, Clerk v. ) ) THIS IS AN UNPUBLISHED JOSHUA JAMES MORGAN, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael P. Tribe, District Judge.

Judgments of conviction and aggregate sentence of twenty years, with ten years determinate, for two counts of aggravated battery, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Emily M. Joyce, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM This appeal involves two cases. In each case, Joshua James Morgan pled guilty to one count of aggravated battery, Idaho Code § 18-907. For each count, the district court imposed a unified ten-year sentence, with a minimum period of incarceration of five years, with the sentences to run consecutively. Morgan appeals, contending that his sentences are 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- (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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

Applying these standards, and having reviewed the records in these cases, we cannot say that the district court abused its discretion. Therefore, Morgan’s judgments of conviction and sentences are affirmed.