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State v. Godwin

12/14/2001

tion, does not specifically limit the use of enhancement factors to those which existed prior to the original sentencing.


In this case, commission of the offenses for which Defendant was being sentenced were not used to show that Defendant had a previous history of unwillingness to comply with the conditions of a sentence involving release into the community. Since the statute allows for an increase in the length of the sentence upon revocation of community corrections sentencing, and the statute does not specifically limit consideration to the enhancement factors that existed at the time of the original sentence, we conclude that conduct of the Defendant while serving a community corrections sentence can be used to establish the applicability of enhancement factor (8).


The Defendant does not challenge the sentences of confinement, but does challenge the enhanced lengths of the sentences. We conclude that the trial court followed the principles of the Sentencing Reform Act of 1989 and that the lengths of the sentences imposed were appropriate.


In consideration of the foregoing and the record as a whole, we affirm the judgments of the trial court.


ROBERT W. WEDEMEYER, JUDGE




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