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State v. Bernal6/2/1987
18-15.1. See SCRA 1986, 5-111.
Defendant contends that a sentence is not final unless reduced to writing and cites State v. Diaz, 100 N.M. 524, 673 P.2d 501 (1983), cert. denied, 469 U.S. 1016, 105 S. Ct. 429, 83 L. Ed. 2d 356 (1984). We agree. In the case before us, however, the finality of the defendant's judgment and sentencing is not at issue, only the reasons for aggravating his sentences. State v. Diaz does not require the reasons for aggravation to be in writing. Therefore, defendant's reliance on State v. Diaz is misplaced and his contention regarding finality is without merit.
Finally, defendant asserts that the trial court's statement of reasons does not satisfy the intent of the statute. We understand this argument to raise the issues of sufficient evidence and sufficient clarity. As discussed above, the trial court properly considered the nature and extent of the victim's injury as a circumstance surrounding the offense. See ยง 31-18-15.1(A); State v. Wilson. The record indicates that the court considered the potential that defendant would repeat the crime. The testimony of the forensic psychologist at the sentencing hearing provided evidence as to the potential for repetition. This consideration was also permissible. See State v. Segotta. The trial court stated that defendant's basic sentences should be enhanced because defendant's brain dysfunction in combination with alcohol triggers the kind of brutal behavior visited upon the victim in this case and that there was a poor prognosis for recovery from alcohol abuse. Both statements are supported in the testimony at the sentencing hearing, and defendant does not dispute them on appeal.
The trial court is clear that, in view of its duty to protect society, it could not take a risk with this defendant. The factors the trial judge stated are permissible considerations. Under these circumstances, his statement was sufficient under Section 31-18-15.1(A). See State v. Segotta.
Conclusion.
For the foregoing reasons, the sentences imposed by the trial court are affirmed.
IT IS SO ORDERED.
DONNELLY, C.J., and BIVINS, J., concur.
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