Caraway v. State
2011 Ind. App. LEXIS 1900
| Ind. Ct. App. | 2011Background
- Caraway murdered his wife Denise in their Lawrence County home, shooting her seven times after drinking heavily and taking Valiums.
- He was charged with murder and, initially, altering the scene of death; Count II was dismissed in a plea agreement for guilty plea to murder.
- Sentencing range for murder was defined as 45 to 65 years, with 55 years advisory and 45-year non-suspendible minimum.
- At sentencing, the court found aggravating factors (criminal history, alcohol abuse, nature of the crime, position of trust) and a mitigating factor (some remorse).
- Caraway received a 65-year sentence, and the court remanded for resentencing after determining the guilty plea had not been properly acknowledged as a mitigating factor in the original sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing court abused its discretion regarding aggravators | Caraway argues aggravators were improperly considered and not supported by the record | State contends aggravators were properly supported by the record and relevant to the crime | Remand for resentencing due to improper weighing related to guilty plea acknowledgment |
| Whether the sentence is inappropriate in light of the offense and offender | Caraway asserts the sentence is excessive given the circumstances | State argues the court properly weighed factors and the sentence is appropriate | Not decided on the merits; remanded for resentencing |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (set framework for sentencing review and ensuring supported reasons)
- Plummer v. State, 851 N.E.2d 387 (Ind.Ct.App.2006) (nature of the offense can be an aggravator if explained with record-supported reasons)
- Pedraza v. State, 887 N.E.2d 77 (Ind.2008) (explains aggravating nature of circumstances in sentencing)
- Filice v. State, 886 N.E.2d 24 (Ind.Ct.App.2008) (upholds nature of crime as aggravator in appropriate cases)
- Cotto v. State, 829 N.E.2d 520 (Ind.2005) (guilty plea as mitigating factor and acceptance of responsibility)
- Bryant v. State, 802 N.E.2d 501 (Ind.Ct.App.2004) (recognizes consideration of substance abuse in sentencing)