State of Idaho v. Victor Antonio Finnerty
CourtIdaho Court of Appeals
Date FiledNovember 2, 2026
Docket53516
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket Nos. 53516/53517
STATE OF IDAHO, )
) Filed: November 2, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
VICTOR ANTONIO FINNERTY, ) 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 seven years, with a minimum
period of confinement of three years, for possession of a controlled substance in
Docket No. 53516, affirmed; and judgment of conviction and unified sentence of
ten years, with a minimum period of confinement of three years, for robbery
(aid/abet) in Docket No. 53517, affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Abigael E. Schulz, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before TRIBE, Chief Judge; LORELLO, Judge;
and FLEMING, Judge
________________________________________________
PER CURIAM
This case involves two consolidated appeals. In Docket No. 53516, Victor Antonio
Finnerty pled guilty to possession of a controlled substance (Idaho Code § 37-2732(c)(1)). The
district court sentenced Finnerty to a unified term of seven years, with a minimum period of
confinement of three years. In Docket No. 53517, Finnerty pled guilty to robbery (aid/abet) (I.C.
1
§ 18-6501). The district court sentenced Finnerty to a unified term of ten years, with a minimum
period of confinement of three years.1 Finnerty appeals, arguing 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-
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). 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, Finnerty’s judgments of conviction and sentences are affirmed.
1
The district court ordered the sentences in Docket Nos. 53516 and 53517 to run
concurrently with each other.
2