Sullivan v. State
Sullivan v. State
Opinion of the Court
Anthony Wayne Sullivan pled guilty to one count of possession of marijuana over one ounce, and the trial court sentenced him to ten years, with five to serve in prison. In his sole enumeration of error on appeal, Sullivan contends that the trial court erred in considering evidence of an assault he allegedly committed, in aggravation of sentencing. For reasons that follow, we affirm.
On September 3, 1999, Sullivan was arrested for possessing marijuana, and he pled guilty to the offense on November 8, 1999. The trial court deferred sentencing Sullivan until a later date in order for the State to conduct a pre-sentencing investigation. Pending the completion of the investigation, the trial court permitted Sullivan to remain out of jail on bond.
The sentencing hearing took place on March 8, 2000. During the hearing, the State tendered evidence in aggravation of sentencing, including testimony that, while on bond, Sullivan struck his girlfriend, Sherry Clayton, with a baseball bat.
Well, in your case it would probably have been better if we had gone ahead and incarcerated you because I don’t take it lightly that while you were out pending sentencing this Ms. Clayton underwent some traumatic injuries that could have even [sic] resulted in her death. It certainly resulted in some serious bodily harm to her. And I feel a great deal of responsibility to the citizens of this State when I have people come before me who admit their guilt and then they’re out awaiting sentencing and if they go out and commit other offenses I don’t take that very lightly. I think that reflects very seriously on what the Court has to do in these type of cases.
The trial court then sentenced Sullivan to ten years confinement, with five years to serve.
On appeal, Sullivan asserts that the trial court erred in relying upon his alleged assault of his girlfriend in imposing his sentence.
In determining what sentence to impose, a court is “authorized to consider in aggravation any lawful evidence which tends to show the motive of the defendant, his lack of remorse, his general moral character, and his predisposition to commit other crimes.”
The case cited by Sullivan, Sinkfield v. State,
Judgment affirmed.
The State also tendered, without objection, certified copies of several prior convictions in aggravation of sentencing.
(Punctuation omitted; emphasis in original.) Phillips v. State, 241 Ga. App. 689, 690 (527 SE2d 283) (1999).
Isaacs v. State, 259 Ga. 717, 728 (16) (b) (386 SE2d 316) (1989).
See Demetrios v. State, 246 Ga. App. 506, 510 (541 SE2d 83) (2000).
262 Ga. 239 (416 SE2d 288) (1992).
Id. at 240 (2).
See Isaacs, supra.
See Jefferson v. State, 256 Ga. 821, 827 (8) (b) (353 SE2d 468) (1987).
Id.
Reference
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- SULLIVAN v. State
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