State v. Garcia
2011 MT 130
Mont.2011Background
- Garcia, father of two-month-old R.G., was caring for her when she was injured after an incident Garcia described as dropping and shaking her; doctors later found traumatic subdural hemorrhage and retinal hemorrhages indicating violent shaking.
- R.G. was hospitalized and later transferred to Sacred Heart Children's Hospital where medical opinions supported severe injuries from repetitive trauma.
- Garcia was charged with aggravated assault and convicted by jury; sentence at issue is 20 years with five years suspended, within statutory limits.
- At sentencing, Garcia argued the district court improperly enhanced his sentence for insisting on innocence; the court considered multiple factors including his lack of remorse and history.
- The Montana Supreme Court reviews the sentence for legality only because Garcia was eligible for sentence review and the sentence falls within statutory parameters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court illegally enhance Garcia's sentence for maintaining innocence? | Garcia’s lack of admission was used to punish innocence. | State argues lack of remorse is a valid sentencing factor. | No; sentence within statutory limits and not augmented for innocence. |
| Does the oral sentence control when there is a discrepancy with the written sentence? | Garcia's position is that written sentence could differ from oral pronouncement. | State contends the court's oral pronouncement governs. | Yes; the oral pronouncement controls. |
| Was the district court entitled to consider evidence about Garcia's behavior and history in determining sentence? | Court should limit factors to the crime; innocence not a factor. | Court may consider crime-related and defendant-related evidence. | Yes; court properly considered multiple probative factors and did not punish for innocence. |
Key Cases Cited
- State v. Rennaker, 335 Mont. 274 (Mont. 2007) (cannot augment sentence for refusal to plead or confess; remand for other considerations)
- State v. Morris, 358 Mont. 307 (Mont. 2010) (punishment for lack of remorse allowed if evidence supports it; innocence not punished)
- State v. Gunderson, 357 Mont. 142 (Mont. 2010) (sentence review limited to legality within statutory parameters)