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State v. Duckett10/9/2001
n bond for the instant offense, three of which were committed after the incident which resulted in that charge.
In determining that the defendant should serve thirty percent of her sentence, the trial court observed that the defendant's "chances of rehabilitation . . . appear to be much improved from what it was before." Based upon this statement, and the testimony of Inez Melton, the defendant's mother-in-law, the defendant argues that she "has good potential for rehabilitation." The defendant had a lengthy arrest history, her most recent arrest being on November 28, 1999. We conclude, as did the trial court, that the defendant, not having been arrested during the ten months prior to the sentencing hearing, appeared to have "much improved" rehabilitative chances. However, the trial court's rating of "improved" cannot be equated to "good." Additionally, the lack of arrests for crimes of violence cannot erase the defendant's substantial record over a long period. Considering all of these factors, we cannot conclude that the trial court, after observing the defendant and hearing testimony from all of the witnesses, abused its discretion in concluding that the defendant's rehabilitative prospects would be enhanced by serving thirty percent of her sentence in confinement. Accordingly, we affirm the judgment of the trial court.
CONCLUSION
It is clear from the trial court's comments that consideration was given to the appropriate principles, and that the sentence was not arbitrary. Accordingly, we affirm the judgment of the trial court.
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