Man sentenced to 31 years in prison for sexually abusing a minor

BLACKFOOT — A man will spend up to 31 years in prison for sexually abusing a minor shortly after being released from prison on a previous conviction.

Monday, Feb. 22, Antonio Tolentino, 29, was sentenced to 31 years in prison with 12 years fixed and 18 years indeterminate after pleading guilty as charged to lewd conduct with a minor under 16. Under Idaho law, that charge carries a maximum penalty of life in prison.

According to a news release from the Bingham County Prosecutor’s office, Tolentino was arrested and charged in May of 2020. He had just recently been released from prison after serving four years on a drug conviction.

At the sentencing hearing, Bingham County Chief Deputy Prosecutor David Cousin argued Tolentino should receive a 40 year sentence and a fine of $5,000.

Tolentino’s defense attorney Scott Madson argued that Tolentino was unlikely to commit such a crime again as it was a crime of opportunity and Tolentino was immature, impulsive, and had poor judgment. Madson asked the court to retain jurisdiction.

A ruling of retained jurisdiction sends the offender to up to one year in prison where they undergo treatment. After the year is up, the offender again appears before the judge for the judge to reevaluate the case and determine if the offender can be placed on probation or sent back to prison to serve a full sentence.

District Judge Darren Simpson ultimately decided to sentence Tolentino to 31 years. With 12 years of that sentence fixed, Tolentino will be eligible for parole in 2033. Simpson also ordered Tolentino pay $5,000 in damages to the victim.

According to the news release Simpson said that a lesser sentence would diminish the seriousness of the crime.