Daniel Michael Walts v. State of Indiana (mem. dec.)
09A04-1703-CR-642
| Ind. Ct. App. | Aug 25, 2017Background
- On May 17, 2016, 67-year-old Daniel Michael Walts went to a bar armed with a loaded gun, cocked and pointed it at Steve Smith intending to kill him, and chased Smith out of the bar; two bystanders were threatened.
- Walts was charged with attempted murder (Level 1) and three counts of intimidation (Level 5); he pleaded guilty to attempted murder in exchange for dismissal of the three intimidation counts.
- The plea was entered conditionally; at the plea hearing Walts admitted he intentionally cocked and pointed the gun with intent to kill.
- Presentence information showed lifelong alcohol abuse, lack of a high school education, prior hospitalization for a nervous breakdown, and a long criminal history dating back to 1967.
- The trial court found Walts’s criminal history as an aggravator, found no mitigators, and imposed a 30-year sentence. Walts appealed claiming abuse of discretion and that the sentence was inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion by failing to give proper weight to age, alcoholism, and guilty plea? | State: sentence within court's discretion given facts and criminal history. | Walts: age (67), alcoholism, and guilty plea should mitigate sentence. | No abuse of discretion; age not per se mitigating, alcoholism was unremedied and may be aggravating, and guilty plea not a significant mitigator given benefits and timing. |
| Is the 30-year sentence inappropriate under App. R. 7(B)? | State: sentence justified by offense gravity and defendant's character. | Walts: sentence excessive given age, alcoholism, and plea. | Sentence not inappropriate; nature of offense (threats, pursuit, intent) and long criminal history justify 30 years. |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (sets standard for sentencing-review abuse-of-discretion and when remand is required)
- Sensback v. State, 720 N.E.2d 1160 (Ind. 1999) (age is not a per se mitigating factor)
- Bennett v. State, 787 N.E.2d 938 (Ind. Ct. App. 2003) (unchanged alcohol abuse may be an aggravator)
- Cotto v. State, 829 N.E.2d 520 (Ind. 2005) (guilty pleas generally merit some mitigating weight)
- Scott v. State, 840 N.E.2d 376 (Ind. Ct. App. 2006) (factors diminishing plea as substantial mitigation include strong evidence of guilt and late plea after significant state effort)
- Roush v. State, 875 N.E.2d 801 (Ind. Ct. App. 2007) (App. R. 7(B) review permits independent appellate revision of sentences)
- Gibson v. State, 856 N.E.2d 142 (Ind. Ct. App. 2006) (appellate review considers trial court's finding or non-finding of aggravators/mitigators as guide)