Sharpnack, Senior J.
Shawn P. Morrell appealed from the sentence imposed by the trial court after his conviction of one count of domestic battery. We affirmed the trial court’s decision in a memorandum decision, and later granted Morrell’s request for publication of the opinion. … Morrell now petitions for rehearing, contending that this Court’s opinion did not address clearly the issue involving the use of nonadjudicated juvenile contacts as an aggravating circumstance. On reflection, we agree and grant the petition for the sole purpose of clarifying the disposition of that issue.
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During the trial court’s oral sentencing statement, the court set forth the following as the first aggravating circumstance:
Conviction having been entered against Shawn Patrick Morrell on Count 1, Domestic battery, a level 5 felony the court now finds that an aggravating circumstance is the defendant’s criminal history. The court notes three juvenile adjudications, two other juvenile contacts, three felony convictions, two misdemeanor convictions. Seven cases which have unknown disposition. At least one failure to appear and two pending petitions to revoke probation.
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To the extent the trial court here may have considered any of Morrell’s juvenile contacts with the justice system not reduced to an adjudication as part of the criminal history aggravator of his sentence, which the court appears to have done based upon the oral sentencing statement, the trial court abused its discretion. However, the factors used to support the aggravating circumstance of Morrell’s criminal history other than the nonadjudicated charges amply support the sentence imposed. … We will not remand for resentencing where we are confident that the trial court would not reach a different sentence. See Anglemyer v. State, 868 N.E.2d 482, 491 (Ind. 2007), clarified on reh’g, 875 N.E.2d 218 … We are confident here.
For the reasons stated above, we affirm our prior opinion in this matter, but grant rehearing for the limited purpose of clarifying this portion of the review of the trial court’s sentencing decision.
Bailey, J, and Bradford, J., concur.