Abbott v. State
2012 Ind. LEXIS 18
| Ind. | 2012Background
- Abbott was convicted by a jury of possession of cocaine as a Class B felony and sentence maxed at 20 years.
- The cocaine was found with 1.15 grams of cocaine and 5.17 grams of marijuana, concealed under Abbott’s body; stop occurred within 1,000 feet of a private school near a church.
- The offense was enhanced from a Class D to Class B because the stop occurred near school property; the defense asserted the mitigating factor of proximity to school by police action.
- Abbott appealed arguing sentence was inappropriate given the nature of the offense and his character; the Court of Appeals affirmed.
- This Court granted transfer to review the appropriateness issue and remanded by revising the sentence to 12 years, with other aspects affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 20-year sentence was inappropriate given the offense and Abbott’s character | Abbott argues the sentence was excessive given his history and the nature of the offense | State contends the enhanced Class B felony and serious facts justify a severe sentence | Sentence revised to 12 years; original 20-year sentence deemed inappropriate for the offense's nature. |
| Whether the proximity to school and the Officer’s role affect the statutory mitigating factor | Abbott did not pursue 1,000-foot mitigating issue; State raised it in case | Mitigating factor requires proof that the stop was at the officer’s request; the record was unclear | Proximity evidence weighed in determining appropriateness; still led to revision of sentence. |
| Whether appellate authority allows independent revision of a sentence under Anglemyer | Court should defer to original sentencing decision | The Court may revise if sentence is inappropriate in light of offense and offender | Court exercised authority to revise sentence to 12 years under Rule 7(B). |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (independent appellate review of sentence; possible revision for inappropriateness)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (advisory sentence as starting point in sentencing)
- Gallagher v. State, 925 N.E.2d 350 (Ind. 2010) (burden shifts to State to disprove proximity to school)
- Harrison v. State, 901 N.E.2d 635 (Ind. Ct. App. 2009) (mitigating factor shifts burden; no automatic result)
- Walker v. State, 668 N.E.2d 243 (Ind. 1996) (presence in school zone as a strict liability element)
- Adkins v. State, 887 N.E.2d 934 (Ind. 2008) (discussion of mitigating considerations in proximity contexts)