History
  • No items yet
midpage
State v. Gene Benjamin Kastner
|
|
Check Treatment

*1 Before GUTIERREZ, Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Gene Benjamin Kastner was found guilty of child custody interference. Idaho Code § 18-4506. The district court sentenced Kastner to a unified term of five years with three years determinate. Kastner appeals asserting 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.

1

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, Kastner’s judgment of conviction and sentence are affirmed.

2

Case Details

Case Name: State v. Gene Benjamin Kastner
Court Name: Idaho Court of Appeals
Date Published: Oct 5, 2016
Court Abbreviation: Idaho Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.