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State v. Cookson12/1/2003
idered in imposing a life sentence. The court found that this case included several of the Shortsleeves circumstances: (1) premeditation-in-fact, meaning a "planned, deliberate killing"; (2) multiple deaths; and (3) murder "accompanied by extreme cruelty." Id. The court imposed life sentences for both murders because of these circumstances.
We have said that a basic sentence will survive appellate scrutiny unless it appears "to err in principle." State v. Hallowell, 577 A.2d 778, 781 (Me. 1990). We can discern no error in principle in the court's conclusion that life sentences are appropriate basic sentences.
We also find no abuse of discretion in the court's determination that there were no mitigating factors to be balanced against the aggravating factors. Cookson argued that the court should have given some weight to the version of Vantol's confession in which Vantol and not Cookson pulled the trigger, but this argument lacks merit as the court found that it did not believe the confession.
Finally, we consider the imposition of the life sentences for the two murders as consecutive sentences. Consecutive sentences are authorized in 17-A M.R.S.A. § 1256(2) (1983 & Supp. 2002), but they can only be imposed in certain circumstances. One of those circumstances is when "the seriousness of the criminal conduct . . . require a sentence of imprisonment in excess of the maximum available for the most serious offense." Id. § 1256(2)(D) (1983). We have interpreted that phrase to mean "when the criminal conduct is unusually serious." State v. Walsh, 558 A.2d 1184, 1188 (Me. 1989). We review the imposition of consecutive sentences for abuse of discretion. State v. Prewara, 687 A.2d 951, 954 (Me. 1996).
There can be no doubt that Cookson's conduct and method in murdering both Gould and Treven was unusually serious. The court was entitled to consider those same factors that led it to impose life sentences when it decided whether consecutive sentences were warranted: that is, the extreme cruelty; the planning; the execution nature of the murders; Cookson's stalkingof Gould; and his history of domestic abuse. No abuse of discretion is apparent in the imposition of two consecutive life sentences.
The entry is: Judgment and sentences affirmed.
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