Dеfendant John Schweitzer pleaded guilty to the crimes of aggravated assault and stalking. Defendant now challenges as unnecessarily harsh, unfair, and unconstitutional the trial court’s order sentencing him to serve two consecutive sentences, and requiring him to pay restitution by placing a lien on and ordering the sale of all his personal and *650 real property, and by including payment of his purported monthly child support obligation in the restitution оrder. We affirm defendant’s sentence with modifications.
BACKGROUND
The facts supporting defendant’s convictions and sentence for aggravated assault and stalking are as follows. Defendant was involved in a three-year relationship with Kathy, during which time she had a child. Kathy described defendant’s behavior throughout their relationship as “extremely controlling, violent, and verbally abusive,” due to his drug and alcohol abuse. In March 1994, the relationship ended when dеfendant became violent and threw Kathy into a wall, choked her, called her vulgar names, and threatened to “put a bullet through [her] head.” Shortly thereafter, Kathy and defendant became involved in a civil action concerning child custody, support, and visitation.
On December 13, 1995, defendant called Kathy with a vulgar message and, shortly thereafter, arrived at her home and threw a large rock through her sliding glass window. The next day Kathy filed a petition fоr a protective order giving her custody of their son and preventing defendant from coming near or threatening anyone in the family.
On January 10, 1996, defendant violated the protective order by appearing in court to watch Kathy in another proceeding. After being reprimanded by the judge, defendant went to the home of a friend, Jim. Defendant was very upset and made several serious comments, including: “I have nothing to live for,” “If I had a week tо live, the first thing I would do is go kill Kathy,” and “[I’m] so mad that [I] want to get on top of the bell tower and start shooting people.” In this frame of mind, defendant began drinking at around 3:00-4:00 p.m. While at Jim’s home, defendant drank ten to twelve beers and took six or eight prescription pills (many times the normal dosage). At about 7:00 p.m., Jim and defendant left for Adolph’s, a restaurant in Park City. Jim noted that, when they left his home, defendant was very agitated, was drinking heavily, and was driving “crazy” and “out of control.”
At Adolph’s, defendant had about three mixed drinks. At some point, defendant told the bar manager, in referring to Kathy, “I am probably going to kill her.” The manager became concerned and continued to watch defendant’s behavior. During that night, defendant tried to use his cellular phone. When it did not work, he slammed it several times into a table and threw it over his shoulder. Then, apparently in an attempt to leave the restaurant, defendant picked up a bar stool and repeatedly threw it at a locked door and then threw a glass table at the door. Jim tried to defuse the situation by approaching defendant from behind, throwing his arms around defendant, and pulling him across the room toward an open exit. Defendant pulled out a concealed hunting knife, swung his arm down and back, and stabbed Jim near the groin area, causing a wound seven inches deep and four inches long. The knife sevеred Jim’s testicular artery, which caused permanent nerve damage and the loss of a testicle, and just missed Jim’s femoral artery, which could have resulted in his death.
The manager called 911 while two restaurant employees attempted to intervene. Defendant hit one in the face and forced the other to back away by brandishing the knife. As defendant tried to leave the bar, he held the knife in front of him, swinging at anyone nearby and daring peоple to get closer. Before he left, defendant apologized to Jim for stabbing him. Later, Kathy received a phone call describing the stabbing incident and warning her about defendant’s threat. Kathy immediately left and did not return home for a week. Five days later, defendant voluntarily surrendered to the police.
Defendant was originally charged with attempted murder. The information was later amended to one count of aggravated assault, a third degree felony; one count of aggravated assault, a second degree felony; one count of assault, a class B misdemeanor; one count of criminal mischief, a class A misdemeanor; one count of stalking, a class B misdemeanor; and one count of carrying a concealed weapon, a class B misdemeanor.
On March 8,1996, another protective order was issued, in which the trial court awarded *651 tеmporary custody of the child to Kathy and required defendant to pay $300 per month in child support. In May 1996, defendant pleaded guilty to charges of aggravated assault, a third degree felony, in violation of Utah Code Ann. § 76-5-103 (1995), and stalking, a class B misdemeanor, in violation of Utah Code Ann. § 76-5-106.5 (1995). The trial court sentenced defendant to serve an indeterminate sentence of zero-to-five years at the Utah State Prison for the crime of aggravatеd assault, followed by a consecutive sentence of six months at the Summit County Jail for the crime of stalking. The trial court also ordered defendant to pay restitution to three parties (Jim, Kathy, and Adolph’s) by ordering a lien be placed on all defendant’s personal and real property in favor of the victims and ordering the property be sold and the proceeds distributed on a pro rata basis to each party. In addition, the court also included in the restitution order a monthly child support payment.
ISSUES
Defendant does not challenge his convictions of aggravated assault and stalking, but rather challenges on two grounds the sentence imposed for these crimes. First, he argues that the trial court abused its discretion by imposing an unnecessarily harsh and unfair sentence, i.e., by imposing consecutive terms without considering all the legally relevant factors, by placing a liеn on and ordering the sale of all defendant’s real and personal property to pay restitution, and by including child support obligations in the criminal restitution order. Second, defendant asserts the trial court’s sentence was unnecessarily rigorous, violating his right under article I, section 9 of the Utah Constitution.
ANALYSIS
I. Trial court’s discretion in ordering consecutive sentences, ordering the sale of all defendant’s property to make restitution, and inсluding child support in the restitution order.
The imposition of a sentence “ ‘rests entirely within the discretion of the [trial] court, within the limits prescribed by law.’ ”
State v. Peterson,
A. Consecutive rather than concurrent sentences.
Defendant first argues that the trial court abused its discretion in ordering defendant serve cоnsecutive rather than concurrent sentences because, in making that determination, the court failed to consider all the legally relevant factors. The trial court’s authority to impose concurrent or consecutive sentences is governed by Utah Code Ann. § 76-3-401 (Supp.1996). Section 76-3-401(3) requires the court, in determining whether to impose consecutive sentences, to “consider the gravity and circumstances of the offenses and the history, character, and rehabilitative needs of the defendant.”
Defendant essentially argues that in imposing consecutive prison terms for his crimes of aggravated assault and stalking, the trial court failed to consider the gravity and circumstances of the offense and failed to consider defendant’s history, character, and rehabilitative needs. Defendant argues the trial court failed to consider that although he admittedly stabbed Jim, he has never been known to be violent, has never been convicted of a violent crime, was under *652 the influence of drugs and alcohol at the time of the stabbing, and was remorseful for stabbing his friend. Indeed, he argues, his past arrests involve only the abuse of drugs and alcohol, and as such, he is not, as the trial court found, “a clear and present danger,” but merely a person who could benefit from a rehabilitation program.
Although defendant assеrts that these factors favor a sentence ordering rehabilitation rather than incarceration, defendant does not show that the trial court failed to consider these factors. On the contrary, this mitigating evidence was presented to the trial court through defendant’s testimony; his counsel’s arguments; letters from Jim, Kathy, defendant’s therapist, and defendant’s attorney; and the Pre-sentence Investigation Report. After reviewing the record, wе conclude that the information before the trial court clearly outlined and described defendant’s past substance abuse and attempted rehabilitation, past personal and criminal history, and his need for rehabilitation.
Furthermore, while there is some mitigating evidence in favor of defendant’s need for rehabilitation, the record is also replete with evidence supporting the trial court’s finding that defendant is “a clear and рresent danger” and supporting its order in favor of incarceration rather than rehabilitation. For instance, the evidence shows that defendant’s substance abuse causes his complete lack of control and judgment. His criminal history is clearly related to substance abuse, and despite having had substance abuse counseling, defendant has continued to abuse alcohol and drugs. In addition, since 1992, defendant has repeatedly been diagnosed as a substance abuser, yet, he has failed to make an effort in his own rehabilitation. Moreover, both Kathy and Jim testified that they believed that the stabbing incident at the restaurant probably saved Kathy’s life. Kathy testified she would not feel safe until he was sent to prison, and defendant’s counselor stated only that “he might benefit from a substance abuse treatment program like Rational Recovery, but would not likely benefit from the traditional AA model of treatment.”
After hearing all the evidence, the trial court concluded that defendant’s actions “cried out for incarceration.” In making its decision, the court specifically noted that on the night of the stabbing, defendant went to a public place carrying a concealed weapon, he voluntarily over-medicated himself, voluntarily got drunk, indiscriminately used the weapon “with abandonment,” and put the restaurant dinеrs, employees, and his friend at risk. In addition, with respect to the stalking charge, the court noted that defendant had made several death threats to Kathy, defendant appeared at her home late at night, and defendant destroyed her property, all of which clearly violated a duly issued protective order. All of these facts support both the trial court’s finding that defendant is “out of control” and a “clear and present dаnger,” and its ultimate conclusion to sentence defendant to serve consecutive prison and jail terms.
Although defendant cites
State v. Strunk,
Thus, we hold the trial court appropriately considered all the evidence in sentencing defendant. Under the facts here, the trial court did not abuse its discretion in sentencing defendant to serve two consecutive terms rather than ordering concurrent terms or rehabilitation. In addition, because the length and сonsecutive nature of the terms *653 are within the statutory parameters 1 , we cannot say that defendant’s consecutive prison and jail terms are either unfair or unnecessarily harsh.
B. Restitution order placing a lien on and requiring sale of all defendant’s personal and real property.
Defendant also challenges the trial court’s restitution order as unnecessarily harsh and unfair in that it requires all defendant’s real and personal property be liened, sold, and distributed pro rata to the victims. The trial court is given discretion in sentencing under Utah Code Ann. § 76-3-201 (Supp. 1996), and may clearly order a person convicted of a crime that resulted in pecuniary damages to pay restitution.
See id.
§ 76-3-201(4)(a)(i);
State v. Snyder,
In this case, defendant does not challenge the trial court’s imposition of restitution or the amount. Therefore, the only issue is whether the trial court exceeded its authority in ordering “ah” defendant’s property be liened and sold to satisfy the restitution order.
Under Utah Code Ann. § 76-3-201(4) (Supp.1996), a trial court has authority to order a person convicted of any crime that resulted in pecuniary damages to pay restitution. In ordering restitution, the court must consider certain factors, including defendant’s financial resources and defendant’s ability to pay. See Utah Code Ann. § 76-3-201(8). In this case, the record reflects that there was some discussion regarding defendant’s financial resources, including his monthly income, monthly debts, property, and assets. However, exсept for two pieces of real property defendant admitted owning, the record is unclear as to what other property, real or personal, defendant owns. Based on this information, the trial court ordered restitution, determined the amount, and without discussion or findings regarding what property defendant in fact owned or possessed, the trial court then ordered a lien on and the sale of “all” defendant’s property, both rеal and personal, to satisfy the restitution order.
While the statute clearly gives trial courts discretion to determine restitution, i.e., to determine whether restitution is appropriate and in what amount, see id. § 76-3-201(4)(a)(i), (8), the statute contemplates that the restitution order will be enforced according to the Utah Rules of Civil Procedure. See id. § 76-3-201(4)(a)(iv). Section 76 — 2—301(4)(d)(iii) provides that “[a] judgment ordering restitution constitutes a lien when recorded ... and shall have the same еffect and is subject to the same rules as a judgment for money in a civil action.” Id. § 76-3-201(4)(d)(iii). Under subsection (4)(a)(iv), “the person in whose favor the restitution order is entered may seek enforcement of the restitution order in accordance with the Utah Rules of Civil Procedure,” which provide for a hearing to both exclude property exempt from execution and itemize the property available for sale. Id. § 76-3-201(4)(a)(iv); see also Utah R. Civ. P. 69(g), (i), (o). Thus, the statute does not authorize the trial court, upon imposing restitution, to also order the sale of defendant’s property to satisfy that restitution order. Rather, it contemplates that the trial court’s role is limited to deciding, based on the statutorily imposed factors (primarily the victim’s loss and the defendant’s resources), *654 whether restitution is appropriate and in what amount. The statute places the responsibility with the party for whom restitution has been ordеred to affirmatively enforce the legal judgment. Therefore, we hold the trial court exceeded the scope of its authority by ordering the sale of all defendant’s known and unknown property.
Because defendant does not challenge the court’s imposition of restitution or its determination of the amount of restitution, we will affirm the court’s restitution order, but strike the portion of the restitution order requiring the hen and sale of all defendant’s property. See
State v. Brooks,
C. Inclusion of child support payments in restitution order.
Defendant also challenges the inclusiоn of child support payments in his criminal restitution order as an abuse of discretion. On February 22, 1996, seven months after the entry of the judgment in the criminal matter, the parties stipulated and the trial court determined in the civil case that defendant is not the father of the child for whom child support was ordered. As a result, defendant was absolved of all financial obligations and any parental rights with respect to that child. Because the issue of paternity and the propriety of the child support obligation is now moot, we need not reach the merits of whether the trial court abused its discretion in including the alleged prior child support obligation in the restitution order.
See State v. Martinez,
II. Utah Constitutional challenge — Violation of “Unnecessary Rigor” clause.
Defendant’s final contention is that the trial court violated article I, section 9 of the Utah Constitution. Essentially, defendant contends that he was sentеnced “with unnecessary rigor” in that the trial court ordered his sentences to run consecutively, ordered the sale of all his property to pay restitution, and included child support in the restitution order. Although Utah courts have not yet articulated the full scope of the clause, the plain language protects prisoners or arrested persons from treatment that is unnecessarily rigorous.
See
Utah Const, art. I, § 9.
2
The Utah Supreme Court has interpreted this сlause to apply to the treatment of imprisoned persons and not to the terms of punishment.
See State v. M.L.C.,
Defendant, however, not only fails to establish how the protections of the unnecessary rigor clause apply to the facts of his case, but he also fails to cite any authority to establish or prove the alleged constitutional violation. We thus decline to further address defendant’s constitutional argument.
3
See State v. Amicone,
CONCLUSION
We hold that the trial court did not abuse its discretion in sentencing defendant to serve two consecutive terms and pay restitution. However, the trial court exceeded its authority in ordering the sale of all defendant’s рroperty to satisfy the restitution order. In addition, because defendant is no longer obligated to pay child support, the issue is moot. We therefore strike the portions of the restitution order placing the lien on and requiring the sale of defendant’s property and the portion including payment of child support. Yet, because we disagree that the remainder of defendant’s sentence is either inherently unfair or clearly excеssive, we affirm the trial court’s decision sentencing defendant to serve two consecutive terms and ordering defendant to pay restitution.
GREENWOOD and ORME, JJ., concur.
Notes
. See Utah Code Ann. § 76-3-203(3) (Supp.1996) (stating permissible sentence for third degree felony not to exceed five years, with additional indeterminate term, not more than five years, to run consecutively if court finds use of dangerous weapon in commission of felony); id. § 76-3-204(2) (1995) (stating permissible sentence for class B misdemeanor nоt to exceed six months). See generally id. § 76-3-401 (Supp.1996) (placing imposition of consecutive sentences within sentencing court's discretion).
. Article I, section 9 of the Utah Constitution provides: "Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.”
. In addition, defendant failed to preserve the constitutional claim below, as he neither raised nor argued the point in the trial court. In such cases, we decline to address even constitutional claims on appeal.
See State
v.
Anderson,