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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket Nos. 42450/42451

STATE OF IDAHO,

Plaintiff-Respondent,

v.

ALVIN DUTTON ALVES,

Defendant-Appellant.

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2015 Unpublished Opinion No. 548

Filed: July 10, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Lynn G. Norton, District Judge. 

Judgments of conviction and concurrent unified sentences of fifteen years with 

three years determinate for attempted strangulation, fifteen years with three years 

determinate for domestic violence in the presence of a child, and five years with 

three years determinate for intimidating a witness, affirmed.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy 

Attorney General, Boise, for respondent. 

________________________________________________

Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and GRATTON, Judge

________________________________________________

PER CURIAM

In this consolidated appeal, Alvin Dutton Alves pled guilty to one count of attempted 

strangulation, Idaho Code § 18-923; and one count of domestic violence in the presence of a 

child, I.C. §§ 18-903, 18-918(2), and 18-918(4). In exchange for his guilty plea, additional 

charges were dismissed. During the pendency of the domestic violence case, Alves was charged 

with intimidating, impeding, influencing, or preventing the attendance of a witness, I.C. § 18-

2604(3); and attempting to violate or violating a no-contact order, I.C. § 18-920, 18-306. Alves 

pled guilty to one felony count of intimidating a witness and two misdemeanor counts of 
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attempting to violate or violating a no-contact order. The district court imposed concurrent 

unified sentences of fifteen years with three years determinate for attempted strangulation and 

domestic violence in the presence of a child, and a concurrent sentence of five years with three 

years determinate for intimidating a witness, with concurrent jail time on the misdemeanors. The 

district court retained jurisdiction in both cases and at the conclusion of the retained jurisdiction 

period, suspended the sentences and placed Alves on probation. Alves 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-

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, Alves’s judgments of conviction and sentences are affirmed.