Christopher M. Konkle v. State of Indiana (mem. dec.)
78A05-1606-CR-1442
| Ind. Ct. App. | Jan 31, 2017Background
- Konkle, a jailer at Switzerland County Jail, engaged in repeated deviate sexual conduct with three inmates and delivered contraband (a cell phone and tobacco) to inmates between May and July 2013.
- Victims reported the acts occurred in segregation areas without camera coverage, included coercion/manipulation, and caused lasting emotional harm.
- Konkle admitted the conduct, was discharged, pled guilty to three class C felony counts of sexual misconduct and five counts of trafficking with an inmate (one class C felony, four class A misdemeanors).
- At sentencing the PSI recommended community corrections; Konkle argued for probation or a mixed/community corrections sentence, citing employment, family hardship, and low risk to reoffend.
- The trial court found multiple mitigating and aggravating factors (including his supervisory position, multiple victims, bribery/monetary benefit, and significant victim harm) but balanced them and imposed concurrent sentences: four years (advisory) for each class C felony with two years in DOC and two years on home detention; one-year terms for misdemeanors concurrent.
- Konkle appealed under Indiana Appellate Rule 7(B), arguing his aggregate sentence was inappropriate given his character and the nature of the offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is inappropriate under App. R. 7(B) | State: Sentence (four years, two served in DOC/two on home detention) is within statutory range and appropriate given repeated sexual misconduct, supervisory role, concealment, monetary gain, and victim harm | Konkle: No prior record, low risk to reoffend, employment and family responsibilities, PSI/community corrections recommendation, victims were consenting/involved in exchanges, warrants fully suspended sentence | Affirmed: Defendant failed to show sentence inappropriate; court gave considerable weight to nature of offenses and aggravators despite mitigating factors. |
Key Cases Cited
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (burden on defendant to persuade appellate court sentence is inappropriate under Rule 7(B))
- Hines v. State, 30 N.E.3d 1216 (Ind. 2015) (appellate review under Rule 7(B) requires independent judgment and deference to trial court discretion)
