The court also found Sanchez's guilty plea was a mitigator because it saved the court system time and money. App.2003) (leniency is encouraged toward a defendant who does not have a criminal history). The court found Sanchez's lack of criminal history a mitigating circumstance. at 9.) Based on the language in Samaniego-Hernandez, Sanchez's illegal alien status is a valid aggravator. "The defendant is in this country illegally he gained entrance into this country illegally, and every day he spends here, he is violating the laws of this country." (Sent. The trial court found Sanchez's illegal alien status reflects disregard for the law. 2001) (in sentencing a criminal defendant, court cannot treat defendant more harshly than any other citizen solely due to his national origin or alien status, but that does not mean that court must close its eyes to defendant's illegal alien status and disregard for the law, including immigration laws).Ĩ39 N.E.2d 798, 806 (Ind.Ct.App.2005) (emphasis supplied). State, we said: eing an illegal alien is itself more properly viewed as an aggravator than as a mitigator. 1990) (a defendant's unadjudicated criminal activity may be considered if it is brought up and the defendant does not object to it). The court found Sanchez's status as an illegal immigrant an aggravator. In light of the court's assessment of aggravators and mitigators, we cannot say Sanchez's sentence of ten years more than the advisory sentence was inappropriate. "We will assess the trial court's recognition or nonrecognition of aggravators and mitigators as an initial guide to determining whether the sentence imposed. We may revise a sentence if it is inappropriate in light of the nature of the offense and character of the offender. The defendant bears the burden of persuading us the sentence is inappropriate. We give deference to the trial court's decision, recognizing the special expertise of the trial court in making sentencing decisions. We review sentences for an abuse of discretion. Sentencing decisions are within the trial court's discretion. It found Sanchez's lack of criminal history and his willingness to accept responsibility were mitigators. The trial court found Sanchez's status as an illegal alien an aggravator. On November 8, 2007, the trial court sentenced Sanchez to forty years imprisonment. His sentence would be capped at forty years executed and any other terms would be left to the trial court. Sanchez agreed to plead guilty to Count IV, and the State agreed to dismiss the remaining three counts. Sanchez was arrested after the fourth sale and charged with four counts of Class A felony dealing in cocaine. On each occasion he sold over three grams, making each sale a Class A felony. On four occasions between April 9, 2007, and April 25, 2007, Sanchez sold cocaine to an undercover officer from the Elkhart County Interdiction and Covert Enforcement Unit. Sanchez is an illegal alien from Mexico who has lived in Elkhart for two years. Sanchez argues the sentence is inappropriate based on his character and the nature of his offense. Steve Carter, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.įilemon Sanchez appeals his sentence of forty years in the Indiana Department of Correction for Class A felony dealing in cocaine. *175 Marielena Lindke, South Bend, IN, Attorney for Appellant. 891 N.E.2d 174 (2008) Filemon SANCHEZ, Appellant-Defendant,
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