Penick v. State

ON DIRECT APPEAL

SELBY, Justice.

Jimmie Lee Penick pled guilty to one count of murder, and was sentenced to sixty (60) years, the maximum allowed under his plea agreement, to be served consecutively to a prior Ohio sentence. He now appeals from this sentence.

The issue on appeal is whether the trial court, in determining the sentence, considered improper aggravating factors and failed to consider mitigating factors which were supported by the record.

Facts

Penick, Mark Goodwin, Keith Lawrence, and David Lawrence were all workers for amusement companies, and were working at the DeKalb County Free…