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Sanders v. State12/19/2002
ry by failing to give proper instructions on the elements of the offense and by improperly admitting blood alcohol evidence. These allegations were addressed in Propositions of Error I and II, and no error warranting reversal was found.
As for the second stage of trial, Appellant argues the trial court erred in failing to instruct the jury that he would have to serve 85% of any sentence imposed before he could be considered for parole. Appellant has failed to offer any authority requiring such an instruction. Absent plain error we will not address assertions unsupported by legal authority. Romano v. State, 909 P.2d 92, 117 (Okl.Cr.1995). Finding no plain error, we do not address the merits of this claim.
This Court has held that a cumulative error argument has no merit when this Court fails to sustain any of the other errors raised by Appellant. Clayton v. State, 892 P.2d 646, 657 (Okl.Cr.1995); Ashinsky v. State, 780 P.2d 201, 209 (Okl.Cr.1989). None of the assignments of error herein have merit; therefore, this assignment of error is rejected.
In Proposition IV, Appellant contends his sentence is excessive and that if his convictions are affirmed, his sentences should be reduced. Appellant admits his sentences are within statutory limits but he contends that under a proportionality analysis, the sentences do not bear a direct relationship to the nature and circumstances of the offense.
This Court has repeatedly held that if a sentence is within the statutory guidelines, we will not disturb that sentence unless, under the facts and circumstances of the case, it is so excessive as to shock the conscience of the Court. Bartell v. State, 881 P.2d 92, 101 (Okl.Cr.1994). This Court has previously rejected requests for a proportionality analysis. Rea v. State, 34 P.3d 148 (OklCr.2001).
In the present case, Appellant was driving with a blood alcohol content of .188, after having been previously convicted of two DUIs and two non-driving related felonies. Appellant's conduct caused the deaths of the two people riding with him. His conduct also caused the death of the unsuspecting driver and passenger of an approaching van. As result, a 9 year old child was severely injured and left an orphan only days before Christmas. Appellant's extremely dangerous conduct and disregard for human life, along with his prior criminal record warrant the sentence imposed in this case. Accordingly, modification of the sentence imposed is not warranted.
Accordingly, this appeal is denied.
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