State v. Martines

Jose Martines appeals from an indeterminate thirty-year sentence in the custody of the State Board of Correction, imposed following his plea of guilty to rape. Martines argues that the district court abused its discretion by imposing an excessive sentence. We modify the sentence to twenty-five years, indeterminate.

We first note the familiar standard for appellate review of a sentence. It is well settled that the primary responsibility for sentencing rests with the trial court, and that its exercise of discretion in that regard will not be disturbed on appeal in the absence of a showing of an…