State v. Spears

MEYER, Justice.

The sole question presented for review is whether defendant is entitled to a new sentencing hearing by virtue of the trial judge’s failure to find as a non-statutory mitigating factor that the defendant rendered aid to his victim. Because defendant has not demonstrated that the trial judge abused his discretion in failing to find this non-statutory factor in mitigation of defendant’s sentence, we find no error.

At trial, the witnesses for both the State and the defense testified that the defendant and two female companions, Kathy Williams and Judy Gibson, drove around together…