Decision
11 Cornell Carl Perkins appeals the trial court's imposition of consecutive sentences on his felony convictions. We affirm.
T2 Pursuant to a plea bargain, Perkins pleaded guilty to aggravated assault in one case and forgery in each of four other cases. Any remaining charges were dismissed. The
13 Perkins argues that the district court (1) plainly erred by failing to make specific findings on each factor listed in Utah Code section 76-3-401(2); (2) relied upon irrelevant evidence about the dismissed counts; and (8) imposed sentences that constituted cruel and unusual punishment, thereby violating his constitutional rights. Conceding that trial counsel made no objection to the imposition of consecutive sentences, Perkins contends that the court committed plain error and that his unpreserved constitutional arguments may be considered because his liberty is at stake. More generally, Perkins contends that the trial court failed to properly consider his mental illness and the nature of his offenses in sentencing him to up to twenty-five years in prison.
14 "In general, a trial court's sentencing decision will not be overturned unless it exceeds statutory or constitutional limits, the judge failed to consider all legally relevant factors, or the actions of the judge were so inherently unfair as to constitute an abuse of discretion." State v. Killpack,
15 Where, as in the case before us, the district court utilized a detailed presen-tence investigation report (PSI), there is no basis from which to assume that the district court failed to consider all relevant statutory factors. The trial judge stated at sentencing that she had reviewed the PSI. The defense requested that the PSI be corrected in several respects, and the district court accepted these corrections. The record reflects, and Perkins concedes, that the district court "was fully aware that Perkins suffers from depression and post-traumatic stress disorder." The trial judge also discussed Perkins's medication issues. Nevertheless, Perkins argues that the court "did not factor this significant illness into consideration of defendant's past crimes" or "reasonably consider" his history, character, and rehabilitative needs. The assertions are not supported by the record. Given the information in the PSI, statements made on the record by both counsel and Perkins, and the trial court's own statements, it appears that the trial court appropriately considered all relevant factors in imposing sentence. Perkins has not met his burden on appeal to demonstrate that this did not occur. See id. 116. Accordingly, Perkins has not shown that the district court abused its discretion by failing to consider all relevant factors.
16 Perkins argues that the district court considered irrelevant evidence at sentencing, claiming that the court's statement that he was a "one-man crime wave" reflected inappropriate consideration of charges that were dismissed under the plea bargain. The discussion following the court's statement concerned Perkins's responsibility to pay restitution attributable to the dismissed counts, as required by the terms of the plea bargain. "To show that a judge relied upon irrelevant information at sentencing, a defendant must show '(1) evidence of reliance, such as an affirmative representation in the record that the judge actually relied on the specific information in reaching her decision, and (2) that the information she relied upon was irrelevant."" State v. Ling-
T7 Perkins makes a cursory argument that sentencing him to five consecutive indeterminate terms of zero to five years was an unconstitutionally harsh or excessive punishment. The argument is inadequately briefed, and, on that basis alone, we need not consider it. See State v. Jaeger,
[Flive consecutive sentences of zero-to-five years creates an effective sentence of zero-to-twenty-five years. Although the potential length of the sentence is increased, the floor remains the same: zero.... By imposing consecutive sentences of zero-to-five years, the trial court merely shifted the final determination of the length of Defendant's sentence to the Board of Pardons.
State v. Valdez,
1 8 Accordingly, we affirm.