Santos v. State

PIVARNIK, Justice.

Defendant-Appellant Noel Santos was found guilty by jury of Burglary, a class B felony, and was sentenced to a term of fourteen (14) years imprisonment. In this direct appeal Santos challenges the trial court's failure to consider his youth as a mitigating factor and it's imposition of a sentence greater than the presumptive sentence on aggravating circumstances alone.

The facts most favorable to the State show on April 22, 1984, Appellant Santos and Joseph Rodriguez broke into the East Chicago home of the Magallon family. Rodriguez testified at trial he climbed through the…