State vs. Jimmy Harber Jr.

While driving under the influence of alcohol, the defendant lost control of his pickup truck and crashed into a road embankment, causing the death of one of his five teenaged passengers. He pled guilty to vehicular homicide by intoxication as to the passenger who died, and to reckless endangerment with a deadly weapon as to all other passengers, agreeing to allow the trial court to set his sentences. Applying enhancement factors (10) and (16), the trial court sentenced the defendant as a Range I, standard offender to ten years for the vehicular homicide conviction, and two years for the reckless endangerment conviction, with the sentences to be served concurrently. The defendant appeals the sentencing, arguing that the trial court erred in its application of enhancement and mitigating factors, and that he should have been granted probation. Based upon our review of the record and of applicable law, we conclude that the enhanced sentences are supported by the record, and that the trial court, therefore, committed no error in its failure to grant probation. Accordingly, we affirm the judgment of the trial court.