MASSA, Justice.
Ronnie Jamel Rice appeals the trial court's sentencing order, arguing it improperly relies on non-statutory aggravators as a basis for imposing a sentence of life imprisonment without parole. Because we believe the order as revised comports with our precedent and does not represent an abuse of the trial court's discretion, we affirm.
Rice pled guilty to murder, murder in the perpetration of a robbery, and robbery. He was sentenced to life imprisonment without parole and exercised his right to direct appeal to this Court. On appeal, Rice argued the trial court erred in considering non-statutory aggravating circumstances to support the sentencing order, and that his sentence was inappropriate and should be revised.
This Court held oral argument in February 2013 and thereafter issued an order directing the trial court to revise the sentencing order to comport with prior case law and to clarify "whether the trial court relied on non-capital aggravators when imposing sentence." Rice v. State, No. 45S00-1206-CR-343, Order Remanding for Revised Sentencing Order (Ind. Feb. 12, 2013). The trial court issued a revised sentencing order of life without parole on March 5, 2013, and Rice appeals again, arguing the order remains deficient.
In 2005, the Indiana General Assembly amended our sentencing statutes in response to a series of United States Supreme Court decisions that limited the discretion of trial court judges.
Ind.Code § 35-38-1-3 (2008).
After these enactments, we decided Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) in which we reiterated that "sentencing decisions rest within the sound discretion of the trial court and are reviewed on appeal only for an abuse of discretion." Id. at 490 (citing Smallwood v. State, 773 N.E.2d 259, 263 (Ind.2002)). And, while we held the trial court is no longer required to weigh aggravating and mitigating factors against each other, id. at 491, the trial court is required to issue "a statement of facts, in some detail, which are peculiar to the particular defendant and the crime, as opposed to general impressions or conclusions." Id. at 490 (quoting Page v. State, 424 N.E.2d 1021, 1023 (Ind. 1981)). Without the trial court's reasons for imposing the sentence, appellate courts would be unable to carry out their function of reviewing the trial court's exercise of discretion in sentencing. Id.
In Pittman v. State, 885 N.E.2d 1246 (Ind.2008), we held that trial judges exercising discretion over the sentence imposed for the death penalty or life imprisonment without parole must comply with the requirements outlined in Harrison v. State, 644 N.E.2d 1243, 1262 (Ind.1995). Pittman, 885 N.E.2d at 1253-54. Thus, trial court judges are held to the same standard today when exercising discretion on sentencing decisions as they were before the sentencing amendment revisions.
In Harrison v. State we required sentencing findings in capital cases:
644 N.E.2d at 1262 (internal citations omitted). This specificity is required to "insure the trial court consider[s] only proper matters when imposing sentence, thus safeguarding against the imposition of sentences which are arbitrary or capricious, and to enable the appellate court to determine the reasonableness of the sentence imposed." Id. (citing Daniels v. State, 561 N.E.2d 487, 491 (Ind.1990) (internal citations omitted)).
A trial court's sentencing order will be reviewed for an abuse of discretion. Anglemyer, 868 N.E.2d at 490. Such abuse occurs only if the decision is "clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom." Id. (quoting K.S. v. State, 849 N.E.2d 538 (Ind.2006) (internal citations omitted)). A trial court may abuse its discretion by
Id.
The trial court's original sentencing order said, in part:
Appellant's Br. at 13-14. In his first appeal, Rice claimed the trial court identified "the brutal nature of the crime, the faith and trust the victim had placed in Rice (as [indicated] by her promotion of Rice on the job), and his return `to the scene of the crime' to face the victim ... and what that conduct said about his character." Appellant's Br. at 6-7. This Court remanded the case back to the trial court to revise the sentencing order because we could not determine whether the trial court had improperly relied on non-capital aggravators. Rice v. State, No. 45S00-1206-CR-343, Order Remanding for Revised Sentencing Order (Ind. Feb. 12, 2013). We concluded, "the interests of justice and judicial economy would best be served by the trial court having an opportunity to revise the sentencing order before we proceed with appellate review." Id.
The trial court's revised order reads, in relevant part, as follows:
Appellant's Supp.App. at 1-2.
Rice contends the revised sentencing order remains deficient because the same factors impermissibly relied upon in the original order "re-appear in the revised sentencing order; they were merely cut from the section in the first order labeled `Aggravating Circumstances' and pasted, as it were, into the section labeled `Mitigators' in the subsequent order," where Rice claims they serve as "mitigation-neutralizers." Appellant's Supp. Br. at 1-2.
In order to determine whether the order is legally sufficient, we apply the Harrison factors. It is uncontested that the trial court acted in accordance with factors 1, 2, and 4. The trial court found one aggravating factor (Finding 5 of the revised order), which was "that the defendant committed the murder by intentionally killing Maxine Urbanczyk while committing robbery" and "the State has proved [that] beyond a reasonable doubt" based on the defendant's guilty plea. Appellant's Supp. App. at 2. The trial court found three mitigating factors (Finding 7 subsections a, b, and c — the defendant pled guilty, the defendant expressed remorse, and the defendant's "young" age). Appellant's Supp. App. at 2. The facts and reasons for the factors are self-evident. The defendant pled guilty to the crime, which established the sole aggravator and the mitigators were established by the record where the defendant's plea, expression of remorse, and age were all recorded in open court. Finally, the trial court concluded its order with the statement required by Harrison: "The Court believes this is the appropriate sentence for this defendant and this crime." Appellant's Supp.App. at 2.
The lone remaining issue is whether the extraneous language from Finding 7 of the revised order is an evaluation and balancing of the mitigating and aggravating circumstances in determination of the sentence as required by Harrison, 644 N.E.2d at 1262, or if it describes impermissible non-statutory aggravators. Rice argues the trial court's discussion of his relationship with the victim and the position of trust in which she held Rice, his return to the scene of the crime after the police arrived, and his "escalating violent behavior," Appellant's Supp. Br. at 3, were all factors that impermissibly led the court to sentence him to life without parole. However, he also contends that as Finding 7
While we have approved detailed orders containing many pages in the past, see Conley v. State, 972 N.E.2d 864, 875 (Ind. 2012), Harrison only requires that the trial court must "articulate that the mitigating and aggravating circumstances have been evaluated and balanced in determination of the sentence." Harrison, 644 N.E.2d at 1262 (internal citations omitted). Anglemyer requires a "reasonably detailed recitation" of the court's reasons. 868 N.E.2d at 485. As the State points out, "Rice's alternative contentions that the trial court was in error for explaining why the mitigating circumstances did not individually or collectively outweigh the aggravating circumstance, or for failing to explain in more detail the weight of mitigating circumstances, leave the sentencing court in a `no win' situation." Appellee's Supp. Br. at 2. We agree Rice indeed proposes a difficult standard for trial court judges who must use facts in an attempt to explain why they reach a particular outcome without using those same facts to impermissibly increase a sentence. Because of this challenge faced by judges in our trial courts, a trial court's sentencing order is reviewed under the deferential standard of abuse of discretion. Anglemyer, 868 N.E.2d at 490.
In this case, we believe the trial court did not use non-statutory aggravators. The language Rice challenges, rather than providing reasons to improperly increase Rice's sentence, demonstrates the trial judge's thought process as she evaluated and balanced the mitigating factors against the lone aggravating factor. It was the trial judge's attempt at a reasonably detailed recitation of her reasons for imposing a sentence. Rice did plead guilty and did express remorse, but, for the trial court, the nature of Rice's relationship with the victim and his actions immediately after the act affected the weight of those mitigating factors. Additionally, the trial court noted Rice's "youthful age,"
We turn briefly to Rice's alternative request that if we do not remand this case to the trial court for a new sentencing hearing, we instead revise his sentence to a term of years. "Article VII, § 4 of the Indiana Constitution authorizes independent appellate review and revision of a sentence imposed by the trial court." Childress v. State, 848 N.E.2d 1073, 1080 (Ind.2006) (quoting Buchanan v. State, 767 N.E.2d 967, 972 (Ind.2002)). "A defendant must persuade the appellate court that his or her sentence has met th[e] inappropriateness standard of review." Id. Ind. Appellate Rule 7(B), as amended in 2002, provides that an appellate court may revise a sentence "if it finds `after due consideration of the trial court's decision' that the sentence is `inappropriate in light of the nature of the offense and the character of the offender.'" Id. at 1079 (quoting App. R. 7(B)). "This formulation place[s]
Rice arrived at work to rob the safe, but he needed Ms. Urbanczyk's help to do it. Not wanting to leave any witnesses to his crime, he attacked Ms. Urbanczyk from behind with both a chair and a hammer. She sustained 15 head injuries including facial lacerations, cranial factures, brain contusions, and cranial hemorrhaging; a fractured rib cage; and a bruised left lung. She died from "extensive head injuries with chest injuries caused by blunt force trauma." Appellee's Br. at 9. Rice asks us to consider his limited criminal history — (only) two misdemeanor convictions — and his family's testimony that he had no history of violence. (Appellant's Br. at 9.) True enough, but these facts do not mitigate the brutality of Rice's crime. Moreover, Rice's two previous convictions for conversion involved the taking of property not his, the same criminal conduct that in this case escalated to felony murder so that no witness to the crime survived. Additionally, as was true in Anglemyer, this offense "was carried out through subterfuge, deceit, and careful planning." Anglemyer, 868 N.E.2d at 494. We are thus not convinced that either the nature of the offense or the character of the offender warrants a revision of Rice's sentence.
We find the trial court's revised order meets the test outlined in Harrison and the trial court did not abuse its discretion. Further, Rice fails to persuade us that his sentence is inappropriate. For these reasons, we affirm the trial court.
DICKSON, C.J., and RUCKER, DAVID, and RUSH, JJ., concur.