Page v. State
Decision Date | 08 December 1982 |
Docket Number | No. 1179S327,1179S327 |
Parties | Everett "Red" PAGE, Jr., Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
Court | Indiana Supreme Court |
Dennis Brinkmeyer, Evansville, for appellant.
Linley E. Pearson, Atty. Gen., James W. Turpen, Deputy Atty. Gen., Indianapolis, for appellee.
The trial court's order consists of three (3) reasons or conclusions supporting the enhanced sentence. Each conclusion is followed by from one (1) to four (4) numbered paragraphs which contain findings of fact that sustain the conclusion. In Reason No. 1 the court found that the victim was mentally and physically infirm and listed the following facts:
Defendant contends that these findings of fact demonstrate that the trial court abused its discretion in allowing the victim to testify. We disposed of this issue in the initial appeal, Page v. State, (1980) Ind., 410 N.E.2d 1304, 1306, where we found no abuse of discretion. Defendant has presented nothing additional to support his contention that the witness was incompetent and that the trial court, consequently, was clearly wrong in its determination that the victim was competent to testify.
Defendant also contends that the "reasons cited by the Court in handing down the sentence were improper and not sufficient to establish or warrant an enhanced penalty."
As discussed above, the trial court noted the mental and physical infirmity of the victim, which is a proper aggravating circumstance to consider under Ind.Code Sec. 35-4.1-4-7(c)(6) (35-50-1A-7(c)(6) (Burns 1979)).
The trial court also specifically noted Defendant's prior criminal convictions. Defendant argues that two of the prior convictions were misdemeanors and that all were old, having occurred between 1964 and 1968. Defendant cites...
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