State v. Weir ( 1991 )

ROBERTS, Justice.

Adam R. Weir appeals his sentence of twenty years’ imprisonment, with all but nine years suspended and eight years’ probation, entered by the Superior Court (Somerset County, Smith, J.) on Weir’s plea of guilty to two counts of armed robbery.¹ 17-A M.R.S.A. § 651 (Class A) (1983). Weir contends that the unsuspended portion of his sentence is excessive on the grounds that the court underemphasized mitigating factors and overemphasized aggravating factors. In addition, Weir contends that his sentence was excessive in relation to the prison sentences of his co-defendants. We reject both arguments and affirm the sentence.

In the fall of 1989, while still a juvenile, Weir began a series of criminal activities that started as minor thefts and escalated to burglary and armed robbery committed with a firearm. After his arrest, Weir cooperated with the police and was released on bail. While out on bail, Weir committed a second armed robbery. Weir, who had no previous criminal record, pleaded guilty to all counts against him. A plea agreement recommended a twenty-year sentence with all but ten suspended, a period of eight years probation, for the armed robberies, with Weir being free to argue for less prison time. The court sentenced Weir to twenty years’ imprisonment, with all but nine years suspended and eight years' probation for the armed robberies. The sentences imposed on the other convictions are to be served concurrently. On appeal Weir does not challenge the basic twenty-year sentence, rather, he challenges only the nine-year term of incarceration.

When imposing a sentence “the court must first determine a basic sentence by considering the particular nature and seriousness of the offense, without regard to the circumstances of the offender.” State v. Lewis, 590 A.2d 149, 150 (Me.1991) (citing State v. Hallowell, 577 A.2d 778, 781 (Me.1990)). Only after this first step should the court apply its discretion to determine the degree of mitigation called for by the circumstances of the offender and the degree of aggravation indicated by specific factors demonstrating a high risk of re-offending. A sentencing court has wide discretion in selecting sources of mitigating circumstances and aggravating factors, provided they are factually reliable. State v. Rosa, 575 A.2d 727, 730 (Me.1990). In addition, we accord the sentencing court great deference in weighing these factors in order that it may appropriately individualize each sentence.

In this case the record reflects that the court considered as aggravating factors that the second armed robbery was committed while Weir was free on bail, and that the entire crime spree occurred while he was receiving the help of psychotherapy. Contrary to Weir’s suggestion, the court also considered the mitigating factors of his youth, his family and medical history, and his prospects for rehabilitation. We conclude that the court adequately considered these factors in the process of selecting the unsuspended portion of the sentence.

Weir also argues that the unsus-pended portion of his sentence was excessive in relation to that of his co-defendants. The record does not reflect, and Weir has not provided, any specific information regarding the crimes for which his co-defendants were convicted, or the nature of any prior criminal convictions his co-defendants may have had. Although the unsuspended portion of Weir’s sentence was longer than any of his co-defendants, Weir was the only one who committed another armed robbery while free on bail. It is not apparent from the record that the disparity between the unsuspended portion of the sentences is beyond the discretion of the sentencing court.

The entry is:

Sentence affirmed.

GLASSMAN, CLIFFORD and COLLINS, JJ., concurring.

1 . Weir does not challenge concurrent sentences imposed on his pleas of guilty to twelve counts of burglary, seven counts of theft, one count of forgery and one count of aggravated criminal mischief.