People v. Cervantes

In this case, we are called upon to *622determine whether a sentence imposed on an habitual offender, which exceeds the established sentencing guidelines limit, constitutes an abuse of discretion. Specifically, we must decide whether defendant’s sentences of ten to twenty years for breaking and entering with intent to commit larceny1 and four to eight years for felonious assault2 were improper. We conclude that the trial judge did not abuse his discretion in sentencing defendant because defendant’s past crimes had escalated in severity and were such that he had established his inability to be…