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People v. McAfee3/25/2004
that the court considered the essential statutory factors. People v. Eurioste, supra.
The record does not support defendant's contention that the trial court gave undue weight to the public safety factor and no weight to the rehabilitation factor. The court noted the gravity of the harm resulting from defendant's offenses, defendant's lack of remorse, and his three prior felony convictions. These grounds directly relate to the trial court's assessment of defendant's rehabilitative potential. Further, the record indicates that the court considered the essential statutory factors.
Accordingly, we perceive no abuse of discretion in the sentence imposed. See People v. Fuller, 791 P.2d 702, 708 (Colo. 1990)("Only in exceptional cases will an appellate court substitute its judgment for that of the trial court in sentencing matters.").
VI. Consecutive Sentences
Defendant also argues that the trial court erred in sentencing him to consecutive sentences on all counts. Specifically, defendant contends that the two counts of leaving the scene of an accident were supported by the same evidence; therefore, § 18-1-408(3), C.R.S. 2003, mandates concurrent sentencing on those counts. We disagree.
As a general rule, when a defendant is convicted of multiple offenses, the sentencing court has discretion to impose consecutive or concurrent sentences. However, § 18-1-408(3) mandates imposition of concurrent sentences where offenses are supported by identical evidence, "except that, where multiple victims are involved, the court may, within its discretion, impose consecutive sentences." See also Qureshi v. Dist. Court, 727 P.2d 45 (Colo. 1986); People v. Martinez, 36 P.3d 154, 164-65 (Colo. App. 2001).
Here, the two leaving the scene offenses were committed against different victims. Thus, even if we assume that these offenses were supported by identical evidence, pursuant to § 18-1-408(3), the trial court had discretion to impose consecutive sentences. As discussed above, given the seriousness of the injuries resulting from defendant's actions and defendant's lack of remorse, we perceive no abuse of discretion.
The judgment and sentences are affirmed.
JUDGE MARQUEZ and JUDGE WEBB concur.
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