German v. State

The defendant appeals his sentence for home invasion robbery with actual possession of a firearm and attempted sexual battery with threat of great bodily force. He argues the trial court erred in considering his refusal to make statements during the preparation of the presentence investigation report [PSI] in denying his request to mitigate his sentence. We disagree and affirm.

The defendant, a co-defendant, and a third unknown man entered the victim’s apartment. As the defendant held the victim on the floor with a gun to her head, the co-defendant attempted a sexual battery. The three men…