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State v. Svay7/21/2003
manslaughter cases. Another study of motor vehicle manslaughter sentences between October 1989 and April 1991, indicated an average underlying sentence of seven years, although most of the sentences in that study may have been for crimes committed while motor vehicle manslaughter was classified as a Class B crime. Considering the sentences for similar crimes that were presented to the trial court, as well as all other relevant factors considered by the court, it is highly probable that the sentence would not be different if the court had acknowledged that it could treat deportation as a permissible factor.
Accordingly, any suggestion by the court that it could not consider Svay's deportation status in mitigation of sentence is of no practical consequence in the circumstances of this case, and does not require us to vacate an otherwise appropriate sentence.
The entry is: Judgment affirmed.
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