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State v. Keiser6/28/2002
assuming that defendant may bring such a claim under Chapter II, § 39, we cannot say that his sentence is grossly disproportionate to those imposed on others for the same crime.
Defendant provided to this Court, and the trial court, sentencing statistics on LSA, death resulting, spanning a roughly eleven-year period. Our analysis is nevertheless somewhat hampered by the lack of information on the facts giving rise to the previous sentences. Defendant concedes as much. Looking at the numbers only, however, reveals that, while defendant's minimum is six years greater than the next highest minimum sentence imposed, his maximum sentence is only three years greater than the next highest maximum. Defendant's to-serve sentence is also five years less than the maximum penalty established by the Legislature for this offense. And as noted, defendant does not challenge the maximum sentence as disproportionate to the general offense itself. Thus, we will not reverse defendant's sentence as grossly disproportionate.
Defendant also argues that the trial court abused its discretion in its sentencing in this case. As we have repeatedly stressed, trial courts have broad discretion in sentencing matters. State v. Bushey, 147 Vt. 140, 148, 513 A.2d 1177, 1182 (1986); State v. Neale, 145 Vt. 423, 435, 491 A.2d 1025, 1033 (1985); see also Bacon, 167 Vt. at 96, 702 A.2d at 121 ("Sentencing in Vermont is individualized, with broad discretion afforded the trial court in fashioning an appropriate sentence. . . . The focus is properly on the defendant and the offense committed, not the characteristics and behavior of unrelated offenders."). In sentencing defendant, the trial court relied on its conclusions that defendant had actual knowledge that he had hit a person on the night in question; that, judging from the damage to defendant's car, it was clear to defendant the nature and extent of the accident; and that defendant nevertheless chose his own self-interest of avoiding a potential DWI charge over helping the individual. As a result, the victim lay on the side of the road for roughly ten hours suffering without medical attention. Furthermore, defendant did not come forward to the police until he heard on the news that there had been a witness to the accident, and came roughly thirty-six hours after the accident. We discern no abuse of discretion warranting reversal.
Affirmed.
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