Rankin v. State

Central to this appeal is whether the trial judge impermissibly considered appellant Brian Rankin’s lack of “remorse” and failure to accept responsibility when imposing his sentence. At sentencing, Rankin sought a downward departure sentence, emphasizing his rehabilitation and ability to maintain a productive future lifestyle. Since Rankin injected the issue of his rehabilitation into the case, the trial court permissibly could consider all factors relevant to his rehabilitation, including his remorse or lack of it. Accordingly, the court’s comments did not constitute error.

Factual Background

O…