State v. Wood
State v. Wood
Opinion
¶1 Defendant Anthony Thomas Wood appeals his sentences in this consolidated appeal from two separate cases. He argues that the district court exceeded its discretion when it sentenced him to prison rather than probation. He also argues that the court exceeded its discretion by ordering the sentences in the two cases to run consecutively. We affirm.
¶2 In August 2015, the State charged Wood with aggravated kidnapping and aggravated robbery, both first degree felonies, and aggravated assault, a second degree felony, based on events that occurred in May 2014 (the Assault case). The victim (Victim) in that case alleged that when she dropped Wood off after dinner one night, Wood took her keys and ran into his apartment. Victim chased him inside, at which point Wood "began striking her in the head and chok[ing] her." Wood's girlfriend (Girlfriend) also joined in the assault. At one point during the attack, Wood "produced a gun, held it to [Victim's] head and threatened to kill her." Wood and Girlfriend then "forced [Victim] to remain in a back bedroom" for several hours. During that time, Wood and Girlfriend forced Victim to provide information about her bank account so that they could withdraw money from it. Eventually, after withdrawing money from Victim's bank account, Wood and Girlfriend let Victim take her car and go.
¶3 In January 2016, the State charged Wood in a separate case with five counts of possession of forged writing, all third degree felonies, based on events that occurred in June 2015 (the Forgery case). The charges were supported by statements that police had "located several counterfeit US bills" in Wood's bedroom. In addition, a cab driver stated that Wood had paid his cab fare with a $100 counterfeit bill.
¶4 In March 2016, Wood pleaded guilty in both cases. For the Assault case, Wood pleaded guilty to one count of aggravated assault, a third degree felony, admitting that he "threatened the use of a firearm while assaulting another individual." For the Forgery case, Wood pleaded guilty to two counts of possession of forged writing, both third degree felonies, admitting that he "possessed two counterfeit bills."
¶5 The district court sentenced Wood on both cases in May 2016. In anticipation of sentencing, Adult Probation and Parole (AP&P) prepared a presentence report (the PSR). The PSR contained information about the factual circumstances underlying each case as well as information specific to Wood, such as his criminal history, his probation history, and other factors relevant to a sentencing determination. AP&P noted that Wood "expressed a desire for probation" but nonetheless recommended that Wood be committed to prison. AP&P stated that while Wood was "cooperative during his interview," "the circumstances surrounding the assault on [Victim] were egregious." It noted that Wood "demonstrated little remorse for [Victim]," believing that his "only offense was 'breaking [Victim's] heart.' " And it noted that after the assault, Wood "continued to participate in criminal behavior," which persuaded AP&P that "increased sanctions ... [were] appropriate."
¶6 Although Wood requested probation at sentencing, the district court sentenced him to prison. The court ordered him to serve zero to five years for the aggravated assault *454 as well as zero to five years for each count in the Forgery case. The court ordered the sentences in the Forgery case to run concurrently, but it ordered the sentences for the Assault case and the Forgery case to run consecutively.
¶7 In rejecting Wood's request for probation, the court explained that "there are some offenses that involve facts and circumstances that are disturbing enough ... that prison is the appropriate sentence," and the court stated that "this [was] one of those cases." The court explained that Wood's behavior in the aggravated assault "essentially amount[ed] to torture [of Victim] that extend[ed] over a significant period of time," and it stated that the crime was "bad enough that the tools ... available to [the court] in terms of imposing probation are really not enough to capture the gravity of the crime." In doing so, the court recognized that Girlfriend was given probation for her involvement in the assault. However, the court distinguished Girlfriend's circumstances, noting that Girlfriend had a "different criminal history and a different subsequent pattern of criminal behavior" from Wood and that Wood, not Girlfriend, was "essentially the instigator" of the assault.
¶8 The court also explained why it imposed concurrent sentences for each of the Forgery case counts but consecutive sentences as between the Assault case and the Forgery case. The court first reviewed the statutory factors it was required to consider under Utah Code section 76-3-401 in deciding whether to impose consecutive sentences.
See
¶9 The court then explained that the sentence for the aggravated assault count "should be consecutive" to the Forgery case in light of the "nature, gravity, and circumstances." The court stated that the assault was "really troublesome" and that "it occurred at a different time and it involved a different type of conduct than the forgery offenses." The court also explained that "the number of victims" supported running the sentences consecutively-that there were two victims "when you put the forgery charges together with the victim of the assault" and that the victim of the assault "would be most severely traumatized by what occurred." The court acknowledged that while Wood's history suggested some leniency might be appropriate, "the rehabilitative needs of the defendant and just the seriousness of the crime ... militate in favor of consecutive sentences."
¶10 Wood appeals his sentences.
I. Probation Versus Prison
¶11 Wood first argues that the district court exceeded its discretion by sentencing him to prison instead of probation. In particular, he claims that the district court "failed to adequately weigh his character, attitude, and rehabilitative needs." For example, he asserts that he expressed remorse and accepted responsibility for his actions and that he is "amenable to rehabilitation, particularly in light of his reconnection with religion." In addition, he asserts that "probation was proper" in light of his limited criminal history and the fact that Girlfriend "received a probationary sentence after engaging in similar criminal activity."
¶12 "The district court has wide latitude and discretion in sentencing that will only be overturned in very narrow circumstances."
State v. Legg
,
*455
State v. Sexton
,
¶13 Wood has not demonstrated that "no reasonable person would take the view taken by the sentencing court" in imposing prison rather than probation.
See
¶14 And here, the record does not "reveal[ ] a clear abuse of discretion."
See
¶15 Likewise, we do not see fault in the court's assessment that Wood's sentence was not unfair when compared to Girlfriend's. The court noted that Girlfriend's criminal history was different from Wood's and that Wood, not Girlfriend, was the instigator of the assault. Wood has not shown that these differences were unsupported by the record or that it was improper to otherwise rely on them in sentencing him.
II. Consecutive Sentences
¶16 Wood next argues that the district court exceeded its discretion in ordering that the sentences in the Forgery case and the Assault case run consecutive to one another. He contends that the court "failed to give adequate weight to certain mitigating circumstances, including [his] criminal history, character, and prospects for rehabilitation." And he asserts that even if his crimes were "very serious, the mitigating factors weighed in favor of concurrent sentences" for all his convictions. (Quotation simplified.)
¶17 However, Wood concedes that he did not request concurrent sentences below and that this issue is therefore not preserved. He asks that we review this issue for plain error or ineffective assistance of counsel. Wood must therefore demonstrate either that the district court plainly erred by imposing consecutive sentences or that his counsel's deficient performance in failing to request concurrent sentences was harmful.
See
*456
State v. Martinez-Castellanos
,
¶18 The court imposed consecutive sentences by considering the required factors under Utah Code section 76-3-401(2).
See
¶19 Wood has not demonstrated that it was error-let alone obvious error-for the court to weigh the sentencing factors under Utah Code section 76-3-401 as it did. Wood challenges the court's weighing only by contending that certain mitigating factors ought to have outweighed the aggravating circumstances in favor of concurrent sentences. However, as we explained above, a sentencing court has "wide discretion in sentencing defendants,"
State v. Sexton
,
¶20 Next, even assuming that Wood's counsel should have asked the court to impose concurrent sentences, Wood has not demonstrated that the failure to do so was prejudicial. Instead, he contends that had counsel asked for concurrent sentences, the court would have determined that his history, character, and rehabilitative needs outweighed the aggravating factors and would have ordered concurrent sentences. But there is no support for this contention in the record. Indeed, the court expressly addressed and considered the exact factors Wood points to on appeal. For example, the court stated that his criminal history suggested leniency might be appropriate but ultimately concluded that "the nature, gravity, and circumstances of the offenses" weighed in favor of consecutive sentences. Wood has therefore not established that, had his counsel requested concurrent sentencing on the basis of certain mitigating factors, the result would have been more favorable to him.
¶21 In sum, Wood has not demonstrated that the district court exceeded its discretion in sentencing him to prison rather than probation. Wood also has not demonstrated that the court exceeded its discretion in imposing consecutive rather than concurrent sentences as between the Assault case and the Forgery case. Accordingly, we affirm.
The case Wood relies most heavily on,
State v. Galli
,
Reference
- Full Case Name
- STATE of Utah, Appellee, v. Anthony Thomas WOOD, Appellant.
- Cited By
- 5 cases
- Status
- Published