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Christopher M. Konkle v. State of Indiana (mem. dec.)
78A05-1606-CR-1442
| Ind. Ct. App. | Jan 31, 2017
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Background

  • 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)
Read the full case

Case Details

Case Name: Christopher M. Konkle v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Jan 31, 2017
Docket Number: 78A05-1606-CR-1442
Court Abbreviation: Ind. Ct. App.