This is the type of fact that is traditionally left to the sentencing court. In this case, the trial court found that consecutive sentences were necessary because the nature and circumstances of the offense and the history and character of defendant required that the public be protected. Defendant does not argue that this finding was unsupported by the evidence. The use of consecutive sentences did not impose a sentence beyond the statutory maximum limit, but clarified the time when the sentence was to begin being served in relation to two other sentences imposed in unrelated cases. The Apprendi rationale does not apply.
Defendant next argues that the nine-year sentence was excessive.
The imposition of a sentence is a matter of discretion with the trial court, and, absent an abuse of discretion, a sentence within the statutory range will not be overturned on appeal. In this case, the trial court noted the presence of mitigating factors, including the impact that a sentence of imprisonment would have on defendant's family. The trial court also held out hope of rehabilitation and noted that defendant was a bright person. Indeed, the sentencing court did not impose the maximum extended sentence. Nevertheless, noting that defendant was only 21 years old, the sentencing court was very concerned about the defendant's prior criminal history and the nature of those crimes.