State v. Risco

OPINION

FERNANDEZ, Judge.

These appeals, involving totally separate defendants and offenses, were consolidated upon motion of the state for our consideration of the issue of the scope of the trial court’s authority with respect to findings of mitigating circumstances. For the reasons set forth below, we affirm the convictions and sentences in both cases.

In CR-11480, appellant Moreno was convicted of one count of second-degree burglary by a jury which also found the state’s allegation of four prior felony convictions to be true. The trial court sentenced appellant to the presumptive enhanced…