BROWN, J.
Having determined that the court did not identify an improper aggravator, we turn to Caraway’s argument that the court abused its discretion by imposing the maximum sixty-five year sentence without acknowledging that Caraway pled guilty. The State argues that Caraway’s “contention that the trial court abused its discretion when it did not recognize his guilty plea as a mitigating factor is without merit” because “the record shows that [he] did not plead guilty out of remorse or to accept responsibility for his actions” as demonstrated by the fact that he initially “lied and told officers that [Denise] shot herself multiple times” and that “[d]espite overwhelming evidence of guilt, [he] did not plead guilty to his crime until sixteen months after he murdered his wife.” Appellee’s Brief at 6.
Trial courts should be “inherently aware of the fact that a guilty plea is a mitigating circumstance.” Francis v. State, 817 N.E.2d 235, 237 n.2 (Ind. 2004). “[A] defendant who pleads guilty deserves to have mitigating weight extended to the guilty plea in return.” Id. (quoting Scheckel v. State, 655 N.E.2d 506, 511 (Ind. 1995) (quoting Williams v. State, 430 N.E.2d 759, 764 (Ind. 1982), appeal dismissed, 459 U.S. 808, 103 S. Ct. 33 (1982), reh’g denied, 459 U.S. 1059, 103 S. Ct. 479 (1982))); see also Cotto v. State, 829 N.E.2d 520, 525 (Ind. 2005) (“A guilty plea demonstrates a defendant’s acceptance of responsibility for the crime and at least partially confirms the mitigating evidence regarding his character.”). Even when a defendant does not specifically argue that his guilty plea should be considered in mitigation, the defendant may subsequently argue on appeal that the trial court abused its discretion in failing to find the plea as a mitigating factor. Anglemyer Rehearing, 875 N.E.2d at 220.
We recognize that a guilty plea is not always a significant mitigating circumstance. See Primmer v. State, 857 N.E.2d 11, 16 (Ind. Ct. App. 2006), trans. denied. A plea’s significance is reduced if it is made on the eve of trial, if the circumstances indicate the defendant is not taking responsibility for his actions, or if substantial admissible evidence exists against the defendant. Id. Also, the plea may not be significant “when the defendant receives a substantial benefit in return for the plea.” Anglemyer Rehearing, 875 N.E.2d at 221 (citing Sensback v. State, 720 N.E.2d 1160, 1165 (Ind. 1999)). However, because of the inherent mitigating nature of a guilty plea, we have recognized that a trial court “generally should make some acknowledgment of a guilty plea when sentencing a defendant.” Hope v. State, 834 N.E.2d 713, 718 (Ind. Ct. App. 2005).
Taking into account that the court sentenced Caraway to the maximum term of sixty-five years, we find that the court abused its discretion when it failed to acknowledge Caraway’s guilty plea. Although Caraway received a small benefit in pleading guilty when the State agreed to dismiss Count II, altering the scene of death as a class D felony, we find this benefit insignificant when compared to the prison term Caraway was facing due to the murder charge. Also, despite the State’s argument that Caraway did not plead guilty for sixteen months, we note that the plea agreement was filed with the court on April 6, 2010, less than six months after the crime was committed, and there is no evidence in the record that Caraway entered his guilty plea on the eve of a trial.
Under the circumstances, we cannot say with confidence that the court would have imposed the same sentence had it acknowledged Caraway’s guilty plea at sentencing. Accordingly, we remand to the trial court for resentencing so that the court can properly weigh the appropriate aggravators and mitigators.
KIRSCH, J., concurs.
BAKER, J., dissents with separate opinion:
The majority points out that the trial court identified Caraway’s show of remorse as a mitigating factor. Id. at 3. In my view, the trial court’s specific finding that Caraway showed “some remorse” for his actions, Tr. p. 28, encompasses his acceptance of responsibility for the crime that includes his decision to plead guilty to the offense. And our Supreme Court has recognized that a guilty plea demonstrates the defendant’s acceptance of responsibility for the crime and at least partially confirms the mitigating evidence regarding his character. Cotto v. State, 829 N.E.2d 520, 525 (Ind. 2005).
I also find it significant that Caraway did not plead guilty until nearly sixteen months after the crime was committed. And even after the guilty plea, Caraway attempted to excuse his actions by claiming that he “didn’t remember the offense” because he was “drinking very heavily the night of the offense.” Appellant’s App. p. 58.
Finally, even if it could be said that the trial court should have specifically identified Caraway’s guilty plea as a mitigating factor, it is apparent to me that his decision to plead guilty was merely a pragmatic one and was not an expression of remorse or acceptance of responsibility. More specifically, Caraway confessed that he shot his unarmed wife multiple times in the face and abdomen, killing her. Id. at 63. Caraway was alone at the house with his deceased wife, and the coroner determined that her wounds were not self-inflicted. Id. Given this evidence, it cannot be said that Caraway’s guilty plea was significantly mitigating.