State v. Hinger

KONENKAMP, Justice

(concurring in result).

[¶ 28.] I agree this case should be remanded for a proportionality analysis and resentencing because based on the record before us the life sentence appears grossly disproportionate. On resentencing the court should take into account the factors set forth in State v. Bonner, 1998 SD 30, ¶ 19, 577 N.W.2d 575, 581, including rehabilitation. I do not agree, however, that we should be remanding to have the sentencing court enter findings of fact concerning rehabilitation and pedophilia. As circuit courts are not required in the first instance to make fact-findings on the reasons for their sentencing decisions, they should not be required to do so on remand. It is only when a court departs from a mandatory sentence that it is required to make factual findings on the mitigating circumstances. SDCL 22-22-1.4.