State of Idaho v. Antonio Fitzgerald Perez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51449

STATE OF IDAHO, )
) Filed: January 16, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
ANTONIO FITZGERALD PEREZ, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin
Falls County. Hon. Benjamin J. Cluff, District Judge.

Judgment of conviction and unified sentence of eighteen years, with a minimum
period of incarceration of eight years, for rape, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Andrea W. Reynolds, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;
and LORELLO, Judge
________________________________________________

PER CURIAM
Antonio Fitzgerald Perez entered an Alford1 plea to rape, victim was asleep or unconscious
and incapable of resisting, Idaho Code § 18-6101(7)(a). The district court imposed a unified
sentence of eighteen years, with a minimum period of incarceration of eight years. Perez appeals,
contending that his sentence is 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

1
See North Carolina v. Alford, 400 U.S. 25 (1970).
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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). That discretion includes
the trial court’s decision regarding whether a defendant should be placed on probation and whether
to retain jurisdiction. I.C. § 19-2601(3), (4); State v. Reber, 138 Idaho 275, 278, 61 P.3d 632, 635
(Ct. App. 2002); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990). 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 record in this case, we cannot say that
the district court abused its discretion in sentencing or not granting probation. Therefore, Perez’s
judgment of conviction and sentence are affirmed.

2