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Sentence appeal for robbery dismissed; immigration consequences did not warrant reduction.
The appellant pleaded guilty to robbery and attempted robbery arising from a carjacking spree and was sentenced to 2.5 years' incarceration.
He appealed on two grounds: that the sentencing judge erred in treating denunciation and deterrence as primary sentencing objectives for a youthful first-time offender, and that the sentencing judge failed to account for collateral immigration consequences.
The Court of Appeal found that despite a misstatement of the law, the sentencing judge did not overemphasize denunciation and deterrence, as evidenced by a below-range sentence.
The court also held that immigration consequences could not be avoided without imposing an unfit sentence.
The appeal was dismissed.
