BLACKFOOT, Idaho (KIFI) - The Bingham County Prosecutor's Office reports 29-year-old Antonio Tolentino was sentenced Monday to 30 years on one count of lewd conduct with a child under 16-years-old.
Lewd conduct is a felony pursuant to Idaho Code 18-1508 and carries a maximum sentence of life in prison.
Tolentino pled guilty pursuant to a non-binding plea agreement, which means that even if the judge does not follow the sentencing recommendations contained in the plea agreement, the defendant cannot withdraw his guilty plea on that basis.
Under the terms of the agreement, Tolentino agreed to plead guilty as charged, and the State agreed to drop the persistent violator enhancement. The State also recommended the sentence run concurrently with Tolentino’s prior case for which he was on parole.
Tolentino was charged with one count of lewd conduct with an 11-year-old boy that occurred in May of 2020. At the time of the lewd conduct, Tolentino had just recently been released from prison.
At sentencing, the child’s mother addressed the Court and gave a victim impact statement regarding the terrible effects the crime has had on her son and family.
Bingham County Chief Deputy Prosecutor David Cousin argued Tolentino showed no remorse, had a nonchalant attitude and blamed the victim. He also noted Tolentino was rated as a high risk to criminally re-offend and a moderate risk to sexually re-offend.
Cousin requested Tolentino be sentenced to prison for 40 years with 15 years fixed and 25 years indeterminate and requested a $5,000 civil penalty pursuant to Idaho Code 19-5307.
Tolentino’s attorney, Scott Madson, argued Tolentino’s evaluation indicated he did not demonstrate clear deviant interests. Madson argued Tolentino was immature, impulsive and had poor judgment. Madson noted the crime was opportunistic and argued that it was unlikely to happen again in the future and requested the Court retain jurisdiction.
District Court Judge Darren Simpson sentenced Tolentino to 30 years in prison with 12 years fixed and 18 years indeterminate. This means Tolentino will not be eligible for parole until after 12 years.
In making his ruling, the judge noted that any lesser sentence would depreciate the seriousness of the offense.
Judge Simpson imposed the full $5,000 civil judgment in favor of the victim.