Delmas Sexton II v. State of Indiana
2012 Ind. App. LEXIS 278
| Ind. Ct. App. | 2012Background
- Sexton received a 65-year sentence for felony murder after a plea to felony murder with other charges dismissed.
- Sexton admitted to robbery-murder scheme: bound, duct-taped, and shot McKee; body later found in a truck in a garage.
- Charges included murder, felony murder, robbery, confinement, unlawful firearm possession by a serious-violent felon, two forgery counts, and habitual-offender allegations.
- Plea agreement dismissed remaining charges; Sexton pled guilty to felony murder and the court imposed sentence.
- Trial court enumerated eleven aggravating factors and several mitigating factors; court asserted any single aggravator or combination warranted the maximum ten-year enhancement.
- On appeal, Sexton contends the court abused its discretion by relying on the illegal firearm-possession aggravator because that charge was dismissed under the plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unlawful firearm possession used as an aggravator was proper | Sexton argues the firearm-possession aggravator relied on a dismissed charge. | State argues multiple aggravators may be considered and need not be tied to charged counts. | Abuse of discretion to rely on dismissed charge as an aggravator. |
| Whether the 'left languishing' aggravator was supported | Sexton contends the record does not show he left McKee languishing. | State contends the evidence supports callousness and prolonged fear. | Affirmed; callousness supported the aggravator despite wording. |
| Whether juvenile adjudications may be used as aggravators | Sexton argues juvenile adjudications should not be used as aggravators. | State contends Supreme Court cases permit its use. | Allowed; prior juvenile adjudications may enhance sentence. |
| Whether multiple criminal-history aggravators violate double jeopardy | Sexton contends multiple past-conduct aggravators duplicate punishment. | State asserts multiple, separate aggravators may be considered. | No double jeopardy; multiple factors relating to criminal history may be used. |
Key Cases Cited
- Hammons v. State, 493 N.E.2d 1250 (Ind. 1986) (cannot sentence for acquitted or lesser-included offense; preserves jury finding)
- Conwell v. State, 542 N.E.2d 1024 (Ind. Ct. App. 1989) (cannot aggravate for a fact that distinguished plea to lesser offense)
- Farmer v. State, 772 N.E.2d 1025 (Ind. Ct. App. 2002) (aggravators based on dismissed charges may be improper)
- Bethea v. State, 964 N.E.2d 255 (Ind. Ct. App. 2012) (lead opinion recognizes benefit of bargain when dismissals occur; tension with other views)
- McDonald v. State, 868 N.E.2d 1111 (Ind. 2007) (relevance of prior convictions to aggravation)