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State v. Mollman12/23/2003
ol.
. In reviewing sentences for violations of the Eighth Amendment, we utilize the "grossly disproportionate" standard. We determine whether a sentence is grossly disproportionate by considering the conduct involved in the crime, relevant past conduct of the defendant and we give "utmost deference to the Legislature and the sentencing court." State v. Pugh, 2002 SD 16, , 640 NW2d 79, 85. Vehicular homicide is a class three felony. SDCL 22-16-41. As such, it is punishable by a sentence up to 15 years in the penitentiary and/or a $15,000 fine. SDCL 22-6-1(5). Mollman's 15-year sentence was therefore within statutory limits and this Court will give extreme deference to that sentence. State v. Jensen, 1998 SD 52, , 579 NW2d 613, 624.
. In making its sentencing determination, the court looked at the mitigating and aggravating circumstances. The trial court noted that there were a number of aggravating factors. First, throughout much tragedy in his life, Mollman continued using illegal drugs and alcohol. He has a long history of drug and alcohol related offenses. At the time of this accident, Defendant was driving on a suspended license. The trial court stated, "the victim in this case was tragically and senselessly slaughtered by the conduct of Mr. Mollman." Recognizing that "slaughtered" was a "strong word," the court noted that it had "presided over the trial and viewed the photographic evidence which showed this vehicle and this motorcycle striking with tremendous force." The court stated that victim had "no notice, no preparation, no defense, no way to avoid impending death and this taking of the human life, the court finds, to be an aggravation." Based on these circumstances and the court's concern with protecting Defendant and members of the public, the court came to the conclusion that Defendant should be sentenced to 15 years. We also note that Defendant will be eligible for parole in 3.8 years. The Defendant has failed to show that the sentence was grossly disproportionate. Affirmed.
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