Christina M. Kovats v. State of Indiana
2013 Ind. App. LEXIS 58
Ind. Ct. App. Recl.2013Background
- Kovats, a home healthcare nurse, cared for 89-year-old N.C. who had recently suffered a stroke.
- On Oct 28, 2011 Kovats fueled N.C.’s car, then left without paying for gas and fled from police.
- A high-speed chase ensued at 102–116 mph; Kovats passed in a no-passing zone and lost control, crashing into a ditch.
- N.C. sustained severe injuries and, six weeks later, died from her injuries; Kovats tested positive for oxymorphone (29.6 ng/mL).
- Kovats was charged with Class B felony neglect of a dependent, Class D felony OWI causing serious bodily injury, Class D felony resisting law enforcement, and Class D felony criminal recklessness.
- A four-day jury trial resulted in convictions on all counts; sentencing merged the D felonies into the B neglect conviction, but judgments were not vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy from merging without vacating judgments | Kovats argues concurrent convictions based on same injury violate double jeopardy. | State contends merging at sentencing cures any issue. | Double jeopardy persists; vacate conflicting convictions and remand with specific reductions. |
| Improper aggravating factor emphasis on N.C.’s death | Kovats contends court erred by aggravating sentence based on N.C.’s death. | State argues the aggravator was the lasting pain and injury, not death itself. | Regardless, appellate authority to correct; court revises sentence to address potential error. |
| Appropriateness of the sentence under Rule 7(B) | Kovats argues twenty-year sentence is excessive given offense/character. | State argues sentence fits the horrific nature and Kovats’s characteristics. | Court exercises 7(B) revision authority, reducing sentence to fifteen years executed. |
Key Cases Cited
- Deloney v. State, 938 N.E.2d 724 (Ind. Ct. App. 2010) (two convictions elevated by same bodily injury implicates double jeopardy)
- Smith v. State, 872 N.E.2d 169 (Ind. Ct. App. 2007) (same injury cannot elevate multiple convictions)
- Bunch v. State, 937 N.E.2d 839 (Ind. Ct. App. 2010) (multiple offenses cannot be enhanced by same bodily injury)
- Pierce v. State, 761 N.E.2d 826 (Ind. 2002) (principle of not duplicating injury in multiple convictions)
- Orta v. State, 940 N.E.2d 370 (Ind. Ct. App. 2011) (remedy for double jeopardy by reducing offense when necessary)
- Windhorst v. State, 868 N.E.2d 504 (Ind. 2007) (remedial options when sentencing requires correction)
- Green v. State, 856 N.E.2d 704 (Ind. Ct. App. 2006) (merger versus vacatur when judgments entered)
- Trainor v. State, 950 N.E.2d 352 (Ind. Ct. App. 2011) (guidance on weighing sentencing factors)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. Ct. App. 2008) (policy on appellate review of sentences under 7(B))