explaining that a trial court may properly consider as an aggravating circumstance prior arrests and pending charges not reduced to convictions because they reflect the defendant’s character and indicate a risk of future crime
How later courts described this case
- explaining that a trial court may properly consider as an aggravating circumstance prior arrests and pending charges not reduced to convictions because they reflect the defendant’s character and indicate a risk of future crime
- holding that “[b]ecause a single valid aggravating factor is adequate to justify a sentence enhancement, the sentencing court did not abuse its discretion in enhancing the defendant’s sentence”
- holding when a sentencing court improperly applies an aggravating circumstance, but other valid aggravating circumstances do exist, a sentence enhancement may still be upheld
- finding a sentence may be upheld despite a single incorrect aggravating factor, if other aggravating factors are present
Written by the judges who cited it.
The opinion
RUCKER, Justice,
dissenting
I respectfully dissent. I am not persuaded the nature of the offense and the character of the offender justify the maximum sentence in this case. I would remand with instructions that the trial court impose a sentence of fifty (50) years.
SULLIVAN, J., concurs.