Croy v. State
2011 Ind. App. LEXIS 1645
| Ind. Ct. App. | 2011Background
- Croy convicted of domestic battery, a Class D felony, and sentenced on related counts (criminal confinement) in Indiana (2006/2005 statutes cited).
- Betty Cox, former partner, lived with Croy; their relationship ended about two weeks before Feb 14, 2010.
- On Feb 14, 2010, Croy allegedly attacked Cox in their home, restraining her and attempting to remove her robe with a belt, causing injury.
- Their 14-year-old son William witnessed the incident and Cox called police; Croy was later arrested.
- Trial: jury found Croy guilty of domestic battery and criminal confinement, but not strangulation; aggregate sentence was three years.
- Croy appeals on sufficiency of the domestic battery evidence, and sentencing (aggravating factors and overall appropriateness).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for domestic battery | Croy contends no spousal relationship proved | State satisfied domestic-battery elements | Sufficient evidence supported conviction |
| Whether trial court erred in sentencing by aggravating factors | Bond-violation context improperly used as aggravator | Bond-violation evidence properly considered as aggravator | No abuse of discretion; bond-violation findings upheld |
| Appropriateness of the sentence under Rule 7(B) | Three-year maximum is excessive given offenses | Sentence within statutory range and supported by record | Sentence affirmed as not inappropriate under Rule 7(B) |
Key Cases Cited
- Snow v. State, 560 N.E.2d 69 (Ind.Ct.App.1990) (waiver of directed-verdict review when defendant testifies after denial)
- Joslyn v. State, 942 N.E.2d 809 (Ind. 2011) (standard for reviewing sufficiency of evidence; no reweighing of evidence)
- Williams v. State, 798 N.E.2d 457 (Ind.Ct.App.2003) (factors to show domestic relationship under §35-42-2-1.3 avoided when clearly domestic)
- Leffingwell v. State, 810 N.E.2d 369 (Ind.Ct.App.2004) (violation of bond as valid aggravating factor)
- Calvert v. State, 930 N.E.2d 633 (Ind.Ct.App.2010) (consideration of record factors in appellate review of sentencing)
- Wilkes v. State, 917 N.E.2d 675 (Ind.Ct.App.2009) (deference to trial court’s sentencing decision)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (fundamental standards for sentencing review; need for stated reasons)
- Treadway v. State, 924 N.E.2d 621 (Ind.2010) (characterization of offenses and offender in assessing sentences)
- Lindsey v. State, 916 N.E.2d 230 (Ind.Ct.App.2009) (considerations of offender's life and conduct in review)