Glenn William Stephenson pled guilty on May 1, 2002 to two counts of aggravated assault. He was given a twelve-year sentence on each count, with the sentences to run concurrently. Later that day, he filed a motion for reconsideration of the sentence on the ground that one of the victims had provided materially false information to the trial court during his sentencing hearing. Following a hearing, the trial court denied the motion, and Stephenson appeals. Because the record shows that the sentence was not based on the victim’s apparently false testimony, we find no basis for reversal. During his guilty plea and sentencing hearing, Stephenson admitted that he fired a handgun at a car in which his wife and a male victim the “victim” were traveling. The victim was injured. On inquiry by the trial court, the victim denied any romantic involvement with Stephenson’s wife. The victim stated to the court that they were “just friends.” After considering character testimony presented on Stephenson’s behalf, Stephenson’s statement concerning his remorse, and argument by Stephenson’s counsel, the trial court entered the sentence about which Stephenson now complains.
It appears that immediately after the sentencing hearing, a member of Mrs. Stephenson’s family allegedly gave Stephenson’s counsel a letter purportedly written by the victim to Mrs. Stephenson describing their relationship and professing his love for her. Until that time, Stephenson had only a suspicion that the victim and Mrs. Stephenson were carrying on a romantic relationship. But based on this letter that surfaced after Stephenson was sentenced, Stephenson immediately filed a motion for reconsideration of the sentence entered earlier that day. Alternatively, he sought to withdraw his plea. Five days after the sentencing hearing, the trial court conducted a hearing on the motion for reconsideration and then denied the relief sought by Stephenson —the imposition of probation only. It does appear, as argued by the State, that Stephenson “presented rather conclusive proof that the victim had lied to the court when he denied that he and Ms. Stephenson were romantically involved.”
