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Dennis v. State

5/31/2000

rd of juvenile offenses, including one offense (armed robbery) that would have been a felony if Dennis had been an adult. Since becoming an adult, Dennis had twice been convicted of misdemeanor (fourth-degree) assault. Again, the record supports Judge Carpeneti's characterization of Dennis.


In Davis v. State, we upheld a sentence of 10 years to serve for a first felony offender convicted of a class B felony. Even though this sentence exceeded Jackson's 4- to 6-year benchmark for exceptionally aggravated cases, we held that the sentence was justified because Davis's case "qualif as exceptionally aggravated for several independent reasons." Similarly, Dennis's case qualifies as exceptionally aggravated for several independent reasons: the enormity of Dennis's conduct, the serious and lasting injuries inflicted on the victim, Dennis's lengthy criminal history (including his juvenile history), and his apparent failure to benefit from repeated rehabilitative opportunities.


For these reasons, we conclude that Dennis's sentence of 7 years to serve is not clearly mistaken and should be affirmed.


Conclusion


We have rejected Dennis's attacks on his conviction and his sentence. Accordingly, the judgment of the superior court is AFFIRMED.






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