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Stewart v. State11/21/2001
BR>
Here, Judge Rhoades found that Stewart was a career criminal who was neither deterrable nor reformable. Stewart concedes as much. This finding is sufficient under Mutschler to support Judge Rhoades's decision to impose a composite sentence exceeding the 5-year maximum for Stewart's present offense.
Stewart argues that even though he is not deterrable or reformable, his sentence is nonetheless excessive because he suffers from hepatitis C, a life-threatening disease. Stewart is apparently in the final stages of this disease, and he may not have long to live. Because of this, Stewart contends that his 6½-year sentence actually amounts to a sentence of life imprisonment, and that it is therefore disproportionate to his present offense and his criminal history.
It is appropriate for a sentencing judge to consider the impact that a sentence might have on a defendant whose health is failing. Indeed, Judge Rhoades expressed sympathy for Stewart's condition. But it is a sentencing judge's responsibility to weigh the various sentencing goals and decide which should be given priority under the facts of the defendant's particular case. Here, Judge Rhoades concluded that the goal of isolation took priority. Given Stewart's record and his express concession that he is beyond deterrence or rehabilitation, we can not say that Judge Rhoades's decision was clearly mistaken.
For these reasons, the sentencing decision of the superior court is AFFIRMED.
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