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Whitfield v. State10/26/1989
that the judge imposed an excessive sentence. Wright v. State, 670 P.2d 1090 (Wyo. 1983), reh. denied, cert. granted 707 P.2d 153 (1985). The one additional inquiry is whether the imposed sentence may be unlawful because it does not fall within the legislative mandate setting the minimum and maximum terms. Roose v. State, 753 P.2d 574 (Wyo. 1988). Other than that, the sentencing court should consider the same pertinent factors that it may consider with respect to a determination as to whether probation should be granted.
In this instance, the judge concluded that Whitfield's "indifference" to the safety of the public was sufficiently serious to justify a prison sentence. He also had a concern about the depreciation of the offense if a sentence were not imposed. In the process, the trial judge appropriately delineated his rationale for sentencing Whitfield to a term of not less than three nor more than five years. The sentence imposed clearly is within the legislatively mandated term, a maximum of twenty years. It is similar to the sentence of not less than two nor more than five imposed in Volz. Succinctly, the sentence that was imposed is founded upon a reasonable conclusion reached by the sentencing judge. There was no abuse of discretion.
The judgment and sentence is affirmed.
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