P.

STATEMENT OF FACTS

Since Diego does not challenge the admissibility or sufficiency of the evidence to

support his conviction we will not set forth a discussion of the facts of the offense. It is

sufficient to note that Diego engaged in an unprovoked attack on the victim in which

Diego struck the victim in the head and arm with a hockey stick. The victim suffered a

broken wrist and his scalp and ear were cut requiring staples and stitches to close.

DISCUSSION

At the time of sentencing the probation officer recommended a term of 24 years in

prison. The prosecutor had offered a seven-year term before trial and thus urged the trial

court to impose an 11-year term. For whatever reason, the trial court expressed the view

2 the defendant was a "good guy" and wished he could send the defendant home.

Nevertheless, the court observed probation was not an option, but that 24 years

was too long a term. The court said it was going to impose the minimum term it could

and then imposed the 10-year term as we have noted above.

Somewhat like the theory that no good deed goes unpunished, Diego has seized on

the court's comments and notes the court could have further reduced the…