ARKANSAS COURT OF APPEALS
JUDGE DAVID M. GLOVER
NOT DESIGNATED FOR PUBLICATION
DIVISION II
MATTHEW RUSAK
APPELLANT
V.
STATE OF ARKANSAS
APPELLEE
CACR06-87
September 27, 2006
APPEAL FROM THE GREENE
COUNTY CIRCUIT COURT
[CR-04-187]
HONORABLE DAVID R. GOODSON,
JUDGE
AFFIRMED
Appellant Matthew Rusak entered unconditional pleas of guilty to the offense of
committing a terroristic act and to a sentencing enhancement penalty for committing a
felony with a firearm pursuant to Arkansas Code Annotated section 16-90-120 (Supp.
2001). Rusak elected to be sentenced by the trial court rather than a jury. After the
sentencing hearing, the trial judge sentenced Rusak to ten years in the Arkansas
Department of Correction, followed by a ten-year suspended imposition of sentence for
the offense of committing a terroristic act; ordered Rusak to pay $200 in court costs and
$250 in restitution to one of the victims; and sentenced him to five years in the Arkansas
Department of Correction on the enhancement penalty for utilizing a firearm in the
commission of a felony, with that sentence to be served consecutively to the ten-year
-2-
sentence for the commission of a terroristic act. After the sentencing hearing, Rusak filed
a verified petition to correct, vacate, or modify sentence, in which he argued that his
sentence was excessive relative to the presumptive sentence for the offenses; that the trial
court failed to weigh any mitigating factors; and that the trial court incorrectly applied the
aggravating factors set forth in the departure report. The trial court denied Rusak’s
petition. Rusak timely filed his notice of appeal, arguing that the trial court erred because
it either did not exercise its discretion or abused its discretion by failing to consider the
mitigating factors presented at his sentencing hearing. We affirm.
We first note that appellant only abstracted testimony that is favorable to his
position on appe