Aрpellant-Defendant Maryellen Freed was convicted of Kidnapping, a class A felony, by a jury in the Owen County Circuit Court. The Honorable Charles W. Edwards sentenced Freed to a term of thirty (30) years to be served in the Indiana Women's Prison. She now appeals and raises the following four issues:
1. error by the trial court in imposing the presumрtive sentence;
2. error by the trial court in denying Defendant's motion for a mistrial;
8. error by the trial court in allowing expert witnesses to testify as to Defendant's legal sanity; and
4. insufficiency of the evidence.
On October 9, 1979, approximately 2:00 a.m., reserve deputy town marshall Susan Sachtien was on patrol. She noticed an automobile near the Owen County Jail and drоve over to investigate it. Sachtjen noticed a woman on foot nearby. When Sa-chtien approached her and asked if she were looking for somеone, the defendant pointed a sawed-off shotgun at Sachtjen and said, "I don't want to hurt you, lady, but I want Richard Joseph out of jail." Sachtjen, following Defendant's instructiоns, got out of the car and led Defendant into the jail. Therein they encountered John Barker, the sheriff's dispatcher. Defendant held Barker and Sachtjen at gun point until Barker released Richard Joseph. Joseph then took Sachtjen's gun, locked Sachtjien and Barker in Joseph's cell, took two revolvers from the dispatch office and left with Defendant. Joseph and Defendant were arrested in Ripley County on October 22, 1979 after Joseph robbed a bank in Friendship.
I
Appellant Frеed first argues the trial court erred by finding there were no cireumstances which should mitigate the
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sentence imposed. The trial court imposed the presumptive sеntence of thirty (80) years for Appellant's kidnapping convietion. A reviewing court will not revise a sentence authorized by statute except where such sentence is manifestly unreasonable in light of the nature of the offense and the character of the offender. Further, a sentence is not manifestly unreasgonable unless no reasonable person could find such sentence appropriate to the particular offense and offender for which such sentencе was imposed. Ind.R.App.P. 2. When a trial court imposes the basic sentence was imposed. Ind. R. App. Rev. Sen. 2. will assume that it considered the factors listed in Ind.Code § 35-4.1-4-7. [§ 35-50-1A-7 (Burns 1979) ] [repealed effective September 1, 1983; replaced by § 35-88-1-7 (Burns 1985) ]. Page v. State, (1981) Ind.,
II
Next Defendant argues the trial court erred by denying her motion for a mistrial. Appellant's sister testified at trial regarding Appellant's lаck of a eriminal history. During eross-examination, the State inquired as to whether Appellant was "promiscuous'". Appellant immediately objected and in a discussiоn outside the presence of the jury, moved for a mistrial. The State argued the question was proper in light of Appellant's insanity defense and offer of a character witness. The State, however, eventually withdrew the question and the trial court denied Appellant's motion for a mistrial. Pursuant to defense counsel's request, the trial court admonished the jury to disregard the question. Appellant now asserts she was placed in a position of grave peril to which she should not have beеn subjected.
When the jury is admonished by the trial court to disregard what has occurred at trial, the court's refusal to grant a mistrial is not ordinarily reversible error. Ramos v. State, (1982) Ind.,
TII
Appellant next contends the trial court erred by failing to sua sponte prоhibit expert witnesses from testifying as to their opinions regarding Appellant's sanity which was an ultimate fact in issue. In her argument Appellant acknowledges the weight of authority is against her, but requests this Court to reverse its position in this area. We remain uninelined to do so and reaffirm the governing principles of
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law. An expert witness' testimony is аdmissible upon the issue of sanity because of his specialized knowledge of the subject matter. McCall v. State, (1980)
IV
Finally, Appellant argues the evidence was insufficient to sustain her cоnviction. She argues that it was not her conscious objective to remove Susan Sa-chtjen from one place to another by force or threat of force. When this Court is confronted with a challenge to the sufficiency of the evidence, it neither weighs evidence nor judges credibility; rather, we examine only the сireumstantial and direct evidence most favorable to the State, together with all reasonable inferences which can be drawn therefrom. If there is substantial evidence of probative value to support the conclusion that the Defendant is guilty beyond a reasonable doubt, the verdict will not be set aside. Marbley v. State, (1984) Ind.,
Appellant also argues the weight of evidence supported her insanity dеfense and that she was therefore incapable of forming any criminal intent. The law is clear she had the burden of establishing that due to a mental disease or defect she was unable to tell right from wrong or conform her conduct to the law. Ind.Code § 35-41-4-1(b) (Burns Repl.1979). In the present case, both court appointed psychiatrists tеstified that although Defendant had emotional and mental disorders, she knew right from wrong and had the capacity to conform her conduct to the law at the time of the commission of the offense. Consequently, there was sufficient evidence to sustain Appellant's conviction. There is no error shown by this issue.
The trial court is in all things affirmed.