State v. Helms

2002 UT 12, 40 P.3d 626, 439 Utah Adv. Rep. 26, 2002 Utah LEXIS 11, 2002 WL 91638
CourtUtah Supreme Court
DecidedJanuary 25, 2002
DocketNo. 20000587
StatusPublished
Cited by63 cases

This text of 2002 UT 12 (State v. Helms) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Helms, 2002 UT 12, 40 P.3d 626, 439 Utah Adv. Rep. 26, 2002 Utah LEXIS 11, 2002 WL 91638 (Utah 2002).

Opinion

HOWE, Chief Justice.

INTRODUCTION

T1 Defendant Mark Paul Helms pled guilty to two counts of attempted aggravated sexual assault in violation of Utah Code Ann. § 76-5-404 (1999), and three counts of dealing in harmful material in violation of § 76-10-1206 (1999). He was sentenced to three years to life in prison for each count of aggravated sexual assault and zero to five years in prison for each count of dealing in harmful material to a child. Helms appeals, contending that (1) the trial court abused its discretion in ordering him to serve the five sentences consecutively, and (2) the trial court committed plain error by not issuing findings of fact in conjunction with its sentencing order.

BACKGROUND

{ 2 Helms admitted that from 1991 to 1998 he repeatedly perpetrated illegal sex acts with seven young teenage boys, including [628]*628oral sex, anal sex, mutual masturbation, and the viewing of pornography.

3 In April 1998, one of the boys told his parents that Helms had abused him. They quickly took the accusation to the police. Helms admitted that he had abused the boy and pled guilty to one count each of sexual abuse of a child and dealing in material harmful to a minor. At that time, he also admitted to various lewd acts committed pri- or to 1991, including masturbating in front of teenage boys and girls. He did not, however, disclose his abuse of the other six boys; in fact, he specifically denied that any other abuse had taken place. At the recommendation of several mental health counselors who felt Helms was "sufficiently motivated to complete a sex offender program," the trial court sentenced him to one year in the Davis County Jail with stringent probation requirements upon the completion of his incarceration.

T4 Three months into his incarceration, another victim disclosed Helms' abuse of him, and the State filed the charges forming the nucleus of this case. Thereafter, Helms admitted his abuse of the other six boys. He subsequently pled guilty to two counts of attempted aggravated sexual assault in violation of section 76-5-404, and to three counts of dealing in harmful material to a child in violation of section 76-10-1206.

5 Prior to sentencing, the trial court requested that the Department of Corrections conduct a presentence investigation. The presentence report was delivered to the trial court four days before the sentencing hearing. The report contained extensive information, including two detailed descriptions of Helms' illegal behavior, a victim impact statement, a criminal history assessment, an aggravating and mitigating circumstances report, and two psychological evaluations conducted prior to his incarceration.

T6 At the sentencing hearing, Helms corrected several inaccuracies in the presentenc-ing report. He then personally addressed the court, expressing his remorse for his actions and pledging to repay his victims. Prior to imposing the sentence, the trial court remarked:

Well, the court has gone over this presen-tence report rather carefully, and read it, and what has taken place. I just read a letter from your sister also. And, of course, the court is realistic of this sort of thing. This cannot be tolerated as far as society's concerned. The action is just completely outside the realm of a normal situation.

The court then sentenced Helms to three years to life in prison for both counts of aggravated sexual assault and zero to five years in prison for each of the three counts of dealing in harmful material to a child. The court ordered that he serve the five sentences consecutively.

17 Helms appeals, contending that the trial court abused its discretion by imposing consecutive sentences without considering all of the statutory factors relevant to that decision. He also asserts that the trial court's failure to address the statutory factors on the record is plain error because it prevents this court from performing a meaningful review. Accordingly, Helms seeks a new sentencing hearing. We will address each of these issues in turn.

ANALYSIS

I. ABUSE OF DISCRETION

T8 This court "traditionally afford[s] the trial court wide latitude and discretion in sentencing." State v. Woodland, 945 P.2d 665, 671 (Utah 1997). Generally, we will reverse a trial court's sentencing decision only if it is an abuse of the judge's discretion. State v. Gibbons, 779 P.2d 1183, 1135 (Utah 1989). A trial court abuses its discretion in sentencing when, among other things, it " 'fails to consider all legally relevant factors' " State v. McCovey, 803 P.2d 1234, 1235 (Utah 1990) (quoting Gibbons, 779 P.2d at 1135).

119 Section 76-8-401 provides that a trial court may impose consecutive sentences when a defendant has been convicted of more than one felony offense. Utah Code Ann. (1989). Section 76-8-401(4) lists the factors that the court must consider before it imposes consecutive sentences. A trial court "shall consider the gravity and cireumstances of the [629]*629offenses and the history, character, and rehabilitative needs of the defendant." Utah Code Ann. § 76-3-401(4) (1999). Helms argues that the trial court abused its discretion by considering only the "gravity and cireum-stances" of the offense and by failing to consider his history. We disagree.

T 10 Helms offers no support for his assertion that the trial court neglected to consider the factors listed in section 76-3-401(4). Instead, he contends that the trial court failed to state the extent to which it considered each of the factors in the sentencing order. He encourages this court to assume that the trial court did not consider the factors at all, simply because it did not address each of the factors on the record.

T11 However, "as a general rule 'this court upholds the trial court even if it failed to make findings on the record whenever it would be reasonable to assume that the court actually made such findings." " State v. Robertson, 932 P.2d 1219, 1234 (Utah 1997) (quoting State v. Ramirez, 817 P.2d 774, 788 n. 6 (Utah 1991)). As we noted in Robertson, instances where this assumption should not be made are normally limited to situations where (1) an ambiguity of facts makes the assumption unreasonable, (2) a statute explicitly provides that written findings must be made, or (8) a prior case states that findings on an issue must be made. Id.; see also State v. Labrum, 925 P.2d 987, 989-40 (Utah 1996) (stating court will not assume written findings were made where statute specifically requires written findings to be made); State v. Nelson, 725 P.2d 1353, 1356 (Utah 1986) (stating court will not assume findings were made where a prior case requires them). Absent these circumstances, we will not assume that the trial court's silence, by itself, presupposes that the court did not consider the proper factors as required by law. To do so would trample on the deference this court usually gives to the sentencing decisions of a trial court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Costello
2025 UT App 44 (Court of Appeals of Utah, 2025)
State v. Mullins
2025 UT 2 (Utah Supreme Court, 2025)
State v. Salazar-Lopez
2024 UT App 61 (Court of Appeals of Utah, 2024)
State v. Naves
2020 UT App 156 (Court of Appeals of Utah, 2020)
State v. Coombs
2019 UT App 7 (Court of Appeals of Utah, 2019)
State v. Vict. Asta
2018 UT App 220 (Court of Appeals of Utah, 2018)
State v. Hamilton
2018 UT App 202 (Court of Appeals of Utah, 2018)
State v. Samul
2018 UT App 177 (Court of Appeals of Utah, 2018)
State v. Norton
2018 UT App 82 (Court of Appeals of Utah, 2018)
State v. Young
2018 UT App 73 (Court of Appeals of Utah, 2018)
State v. Martin
2017 UT 63 (Utah Supreme Court, 2017)
State v. Alvarez
2017 UT App 145 (Court of Appeals of Utah, 2017)
State v. Phillips
2017 UT App 90 (Court of Appeals of Utah, 2017)
State v. Thornton
2017 UT 9 (Utah Supreme Court, 2017)
State v. Neilson
2017 UT App 7 (Court of Appeals of Utah, 2017)
State v. Hernandez
2016 UT App 251 (Court of Appeals of Utah, 2016)
State v. Sexton
2016 UT App 238 (Court of Appeals of Utah, 2016)
State v. Gray
2016 UT App 87 (Court of Appeals of Utah, 2016)
State v. Jaramillo
2016 UT App 70 (Court of Appeals of Utah, 2016)
State v. Nichols
2016 UT App 52 (Court of Appeals of Utah, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2002 UT 12, 40 P.3d 626, 439 Utah Adv. Rep. 26, 2002 Utah LEXIS 11, 2002 WL 91638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-helms-utah-2002.