Saintignon v. State

734 N.E.2d 711, 2000 Ind. App. LEXIS 1388, 2000 WL 1281272
CourtIndiana Court of Appeals
DecidedSeptember 12, 2000
DocketNo. 18A02-0002-CR-88
StatusPublished
Cited by2 cases

This text of 734 N.E.2d 711 (Saintignon v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saintignon v. State, 734 N.E.2d 711, 2000 Ind. App. LEXIS 1388, 2000 WL 1281272 (Ind. Ct. App. 2000).

Opinion

OPINION

BAKER, Judge

Appellant-defendant Danny Saintignon appeals the sentence imposed by the trial court for his conviction for Residential Entry, a class D felony.1 Specifically, Sain-tignon contends that 1) the trial court failed to comply with the requirements for enhancing his sentence because it did not sufficiently explain its reasons for the enhancement, and considered an improper aggravating factor; and 2) the trial court incorrectly construed Ind.Code § 35-50-2-2.1 (the Juvenile Suspension statute) to mean that the court could not suspend any portion of his three year sentence.

FACTS

The facts most favorable to the judgment are that on March 18,1999, the State filed a delinquency petition alleging that seventeen-year-old Saintignon committed burglary, a class C felony, if committed by an adult.2 Thereafter, the juvenile court waived Saintignon to adult court pursuant to the State’s Petition for Waiver of Jurisdiction. On October 15, 1999, the trial court held a hearing at which the State amended the charge of burglary to residential entry, a class D felony. Saintignon then pled guilty to that charge.

After accepting Saintignon’s guilty plea, the trial court held a sentencing hearing on January 20, 2000. Prior to sentencing, the trial court referred to Saintignon’s extensive juvenile record and determined that there was a risk that he would commit another crime and that Saintignon needed a secure environment because previous attempts at probation had been unsuccessful. [714]*714In addition, the trial court determined that Saintignon’s history of criminal acts and the serious nature of the crime required the imposition of the maximum sentence of three years.3 The court discussed the meaning of the Juvenile Suspension statute with the prosecutor and defense counsel, and concluded that it meant that the court could not suspend any part of Sain-tignon’s sentence. Specifically, the court determined that this statute applied here because Saintignon had been adjudicated a delinquent in 1996 for committing two counts of burglary, a class B felony if committed by an adult, and this adjudication took place within three years of committing residential entry. Accordingly, Saintignon was sentenced to a three-year term of imprisonment and ordered to pay restitution in the amount of $11,650.00

In its written sentencing order, the trial court detailed the aggravating and mitigating factors that the Court considered prior to sentencing. The trial court found five aggravating circumstances: 1) Saintignon’s history of criminal or delinquent behavior; 2) his need for correctional treatment that could best be provided by a penal facility; 3) the depreciation of the seriousness of the offense if a reduced sentence were imposed; 4) the high probability that Sain-tignon would commit another offense; and 5) the great deal of planning and forethought that went into the crime. In addition, the trial court found one mitigating factor, Saintignon’s age. Saintignon now appeals.

DISCUSSION AND DECISION

I. Enhancement of Presumptive Sentence

Saintignon contends that the trial court failed to comply with the requirements for enhancing a presumptive sentence because it did not sufficiently explain its reasoning for the enhancement. Specifically, he argues that the trial court was required to identify the aggravating and mitigating circumstances at his sentencing hearing, not “after-the-fact” in the court’s written sentencing order. Appellant’s brief at 14. Saintignon further asserts that the trial court failed to set out the specific facts and reasons that led the court to find the existence of such aggravating and mitigating circumstances, and the court failed to articulate how these circumstances were evaluated and balanced in determining that he should serve the maximum sentence. In addition, Saintignon asserts that the trial court improperly considered as an aggravating circumstance, that “[ijmposition of a reduced or suspended sentence would depreciate the seriousness of the offense,” because this factor should only be considered when a court is evaluating whether to impose a sentence less than the presumptive sentence.

In reviewing Saintignon’s claims we note that sentencing decisions rest within the sound discretion of the trial court, and on appeal the court’s decision will be reversed only upon a showing of a manifest abuse of that discretion. Ector v. State, 639 N.E.2d 1014, 1015 (Ind.1994). This court will revise a sentence authorized by statute only where the sentence is manifestly unreasonable in light of the nature of the offense and the character of the offender. Ind. Appellate Rule 17(B); Hurt v. State, 657 N.E.2d 112, 114 (Ind. 1995).

The trial court also has the discretion to determine whether a sentence will be enhanced or mitigated due to aggravating or mitigating factors. Concepcion v. State, 567 N.E.2d 784, 790 (Ind. 1991). Mitigating factors are not a mandatory consideration in sentencing, and only one valid aggravating factor need be shown to sustain the enhancement of a presumptive sentence. Id.

[715]*715Where the trial court imposes a sentence other than the presumptive sentence, the court will examine the record to ensure that the trial court explained its reasoning for selecting the sentence it imposed. Archer v. State, 689 N.E.2d 678, 683 (Ind.1997). The trial court’s statement of reasons must include 1) an identification of the significant aggravating and mitigating circumstances; 2) specific facts and reasons that led the court to find the existence of such circumstances; and 3) an articulation demonstrating that the mitigating and aggravating circumstances have been evaluated and balanced in determining the sentence. Harris v. State, 716 N.E.2d 406, 412 (Ind.1999).

A. Trial Court’s Identification of Aggravating and Mitigating Circumstances

Saintignon first claims that the trial court did not properly identify the significant aggravating and mitigating circumstances at the sentencing hearing. While Saintignon acknowledges that the trial court set out these circumstances in its written sentencing order, he argues that the trial judge was required to identify these factors in open court. Appellant’s brief at 14. We note that Saintig-non provides no authority to support this argument. Moreover, contrary to his assertion, this court has stated that it is sufficient for the trial court to set out its findings of aggravating and mitigating factors in its sentencing order. Gunter v. State, 605 N.E.2d 1209, 1212 (Ind.Ct.App. 1993), trans. denied. Thus, there was no error on the part of the trial court.

B. Finding and Articulation of Circumstances at Sentencing

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Related

Saintignon v. State
749 N.E.2d 1134 (Indiana Supreme Court, 2001)
Allen v. State
743 N.E.2d 1222 (Indiana Court of Appeals, 2001)

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Bluebook (online)
734 N.E.2d 711, 2000 Ind. App. LEXIS 1388, 2000 WL 1281272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saintignon-v-state-indctapp-2000.