BARNES, Judge.
Joshua Gomillia appeals his forty-five-year sentence for Class A felony criminal deviate conduct and Class B felony robbery. We affirm.
Gomillia raises one issue, which we restate as whether the trial court abused its discretion when it sentenced him.
Late on June 22, 2011, and into the morning of June 23, 2011, Gomillia was with his friends Labronze Myles and Wendell Carter. Gomillia had smoked marijuana, drank alcohol, and taken several Xanax pills. Carter was gambling and lost a substantial amount of money. The three men decided to commit a robbery and drove to a residence in Indianapolis that Gomillia randomly selected. At approximately 6:20 a.m. on June 23, 2011, Gomillia, armed with a gun, rang the doorbell and entered E.K.'s home with Carter when E.K. answered the door. Both Gomillia's and Carter's faces were covered. Once inside E.K.'s home, Gomillia held a gun to E.K.'s head and forced her to perform oral sex on him and threatened to rape her. E.K. was also forced to perform oral sex on Carter. After the assault, Gomillia, Carter, and Myles stole E.K.'s car, ATM card, television, laptop, and other items.
On June 28, 2011, the State charged the men with two counts of Class A felony criminal deviate conduct, one count of Class B felony robbery, one count of Class B felony burglary, one count of Class B felony criminal confinement, and one count of Class D felony auto theft. Gomillia agreed to plead guilty to one count of Class A felony criminal deviate conduct
In issuing its sentence, the trial court stated:
Tr. p. 54. The trial court went on to discuss the impact of home invasions when victims are not home, how Gomillia gained entry to E.K.'s home, and the impact of the crime on E.K. and stated:
Id. at 57-58.
As mitigating, the trial court found that Gomillia had accepted responsibility, was genuinely remorseful, had no prior convictions, had cooperated with the prosecution, and was likely to respond affirmatively to rehabilitation. As aggravating, the trial court considered that Gomillia "led the whole thing" and that:
Id. at 61. The trial court concluded that the aggravators outweighed the mitigators. For the Class A felony criminal deviate conduct, the trial court sentenced Gomillia to forty-five years, with forty years executed and five years on work release and three years of probation. For the Class B felony robbery, the trial court sentenced Gomillia to ten years. The trial court ordered the sentences to be served concurrently. Gomillia now appeals.
Gomillia argues the trial court abused its discretion when it sentenced him. We evaluate a sentence under the current "advisory" sentencing scheme pursuant to Anglemyer v. State, 868 N.E.2d 482, 491 (Ind.2007), clarified on reh'g by Anglemyer v. State, 875 N.E.2d 218 (Ind. 2007). The trial court must issue a sentencing statement that includes "reasonably detailed reasons or circumstances for imposing a particular sentence." Anglemyer, 868 N.E.2d at 491. The reasons or omission of reasons given for choosing a sentence are reviewable on appeal for an abuse of discretion. Id. "The relative weight or value assignable to reasons properly found or those which should have been found is not subject to review for abuse." Id.
Gomillia claims that the trial court improperly considered facts outside the record when it considered its impression of E.K. during her testimony in a co-defendant's trial and the people who came to court on her behalf. As an initial matter, the State argues this issue is waived because Gomillia failed to object to this line of reasoning at the sentencing hearing. Gomillia responds by asserting that an improper sentence constitutes fundamental error and cannot be ignored on appeal. See Groves v. State, 823 N.E.2d 1229, 1232 (Ind.Ct.App.2005). Assuming this purported
Gomillia's argument is based on Anglemyer, where our supreme court explained that, to review a trial court's exercise of discretion in sentencing, we must be told of the reasons for imposing the sentence "`a statement of facts, in some detail, which are peculiar to the particular defendant and the crime, as opposed to general impressions or conclusions. Of course such facts must have support in the record.'" Anglemyer, 868 N.E.2d at 490 (quoting Page v. State, 424 N.E.2d 1021, 1023 (Ind.1981)). First, E.K. and several of her friends submitted letters to the trial court detailing the impact of the crime on E.K. and the steps she had taken to overcome the fear she experienced after the crime. Thus, the record generally supports the trial court's assessment of E.K. and her support system.
Further, even if the trial court's assessment of E.K. was based in part on its observation during a co-defendant's trial, there is no indication that this factor was a basis for imposing a particular sentence, let alone that the trial court considered it as an aggravator to support a more severe sentence. Instead, the trial court was simply making a statement about the resilience of the victim prior to its assessment of the aggravators and mitigators. Any error in the trial court's consideration of E.K.'s testimony at a co-defendant's trial was harmless because it did not impact the trial court's determination of Gomillia's sentence.
Gomillia also argues that the trial court abused its discretion by considering the material elements of the offenses as aggravators. According to Gomillia, when considering the whole circumstances of the crime, the trial court was primarily focused on the threats made to and the fear suffered by E.K.
In Pedraza v. State, 887 N.E.2d 77, 80 (Ind.2008), our supreme court observed that "sentencing used to be a two-step process — imposing of the presumptive sentence, then deciding whether any aggravators or mitigators warranted deviation." Since the 2005 modification of the sentencing scheme, however, sentencing "consists of only one discretionary determination." Id. "Thus, a sentence toward the high end of the range is no longer an `enhanced sentence' in the sense that the former regime provided." Id. According to Pedraza, based on the 2005 changes, the consideration of a material element of crime as an aggravator "is no longer an inappropriate double enhancement." Id. Thus, to the extent the trial court considered an element of the offense as an aggravator, it is no longer an improper double enhancement under the new sentencing scheme.
Regardless, the seriousness of the offense, "which implicitly includes the nature and circumstances of the crime as
Gomillia has not shown that the trial court abused its discretion in sentencing him. We affirm.
Affirmed.
CRONE, J., and PYLE, J., concur.