Christopher O. May v. State of Indiana (mem. dec.), 03A01-1610-CR-2384

On Feb. 27, 2016, Christopher May crashed his truck while under the influence of methamphetamine and heroin; callers reported dangerous driving and police responded to the crash scene.
Officer Frederick encountered May outside the truck, attempted to subdue him with a Taser after May appeared to hold and activate a stun gun; May was ultimately handcuffed.
At the hospital, while officers were executing a blood-draw search warrant, May kicked Officer Ben Quesenbery in the neck, causing pain and a sore/stiff neck the next day.
May pleaded guilty pursuant to a plea agreement to Level 5 felony battery on a public safety official, Class A misdemeanor resisting law enforcement, and Class B misdemeanor criminal recklessness; other charges were dismissed.
The trial court imposed maximum sentences on each count: 6 years (battery), 1 year (resisting), and 180 days (recklessness), with an aggregate sentence of 7 years (resisting and recklessness concurrent and consecutive to battery).
May appealed under Indiana Appellate Rule 7(B), arguing the aggregate sentence was inappropriate in light of the nature of the offenses and his character.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether May’s 7-year aggregate sentence is inappropriate under Ind. App. R. 7(B)	State: sentence appropriate given the offenses and May’s history	May: sentence is excessive given (1) the officer’s injuries were not permanent and (2) May’s remorse and need for treatment	Affirmed: sentence not inappropriate — trial court reasonably weighed offense severity and character evidence
Whether the non-permanent injury to the officer required mitigation	State: trial court may decline to find non-permanent injury a mitigator	May: lack of permanent injury should mitigate sentence	Held for State: court not required to find or give weight to that mitigator in its discretion
Whether May’s substance abuse and criminal history mitigate sentence	State: history and gang involvement support harsher sentence	May: remorse and acceptance of responsibility warrant leniency	Held for State: extensive substance abuse, prior felonies, pending cases, probation revocation, and jail misconduct support sentence
Whether deviation from advisory sentence is justified by offense facts	State: facts (stun gun activation, noncompliance, hospital kick, dangerous driving on drugs) justify deviation	May: facts do not make offenses atypical to warrant maximums	Held for State: facts supported imposition of maximum terms and consecutive service to reach 7 years

Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008) (7(B) review framework)
Conley v. State, 972 N.E.2d 864 (Ind. 2012) (deferential appellate review of sentencing; focus on whether sentence is inappropriate)
Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (appellant bears burden to show inappropriateness)
Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (review aggregate sentence — "focus on the forest")
Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (advisory sentence as starting point; procedure for sentencing deviations)
Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008) (determine whether offense differs from typical offenses contemplated by legislature)
Shane v. State, 769 N.E.2d 1195 (Ind. Ct. App. 2002) (trial court not required to find mitigating factors)
Garcia v. State, 47 N.E.3d 1249 (Ind. Ct. App. 2015) (defendant’s criminal history relevant to character in sentencing)
Gracia v. State, 976 N.E.2d 85 (Ind. Ct. App. 2012) (extensive criminal history and assaultive conduct support nonlenient sentence)