Gleason v. State
2012 Ind. App. LEXIS 136
Ind. Ct. App.2012Background
- Gleason was charged with Battery by means of a deadly weapon, Battery resulting in bodily injury, Criminal Recklessness while Armed with a Deadly Weapon, and Failure to Stop After an Accident Resulting in Injury.
- Following bench trial, Gleason was convicted of Counts I, II, and IV, and guilty of the lesser-included offense of criminal recklessness while armed with a deadly weapon for Count III.
- Amber-Ball Kilgore and Mark Goodman were assaulted at Kilgore’s home on April 8, 2009, using a metal weapon described as brass knuckles; Goodman’s head injuries and Amber’s arm injuries occurred during the attack.
- Gleason then drove away, struck Donald Goodman with his SUV’s side-view mirror/door, and fled the scene; the incident involved four children present and occurred across from Goodman’s home.
- The trial court sentenced Gleason to eight years (Count I), one year (Count II, concurrent), three years (Count III, consecutive), and six months (Count IV, concurrent), for an aggregate term of eleven years; the Court of Appeals remanded to revise to an aggregate six years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the deadly weapon element | State: weapon used was a deadly weapon. | Gleason: no proof he used or displayed brass knuckles. | Sufficient evidence supports deadly weapon finding. |
| Sufficiency of recklessness element | State: vehicle operation created substantial risk while armed. | Gleason: no recklessness shown. | Evidence shows recklessness with the weapon and vehicle. |
| Failure to stop after accident | State: Gleason’s flight and injuries inferred knowledge of the accident. | Gleason: lacked proof of knowledge. | Evidence supports knowledge or awareness of the incident and failure to stop. |
| Sentence appropriateness and aggravators | State: sentence appropriate given criminal history and offense nature. | Gleason: aggregate eleven years excessive; aggravator error not dispositive. | Aggregate sentence reduced to six years; remand with instructions on counts. |
Key Cases Cited
- Merriweather v. State, 778 N.E.2d 449 (Ind.Ct.App.2002) (deadly weapon determination based on use and circumstances)
- Miller v. State, 500 N.E.2d 193 (Ind.1986) (deadly weapon analysis; context of use governs)
- Timm v. State, 644 N.E.2d 1235 (Ind.1994) (original purpose irrelevant; apparent ability to injure matters)
- Armstrong v. State, 848 N.E.2d 1088 (Ind.2006) (duty to stop triggered by injury regardless of knowledge)
- Caraway v. State, 959 N.E.2d 847 (Ind.Ct.App.2011) (nature of offense as aggravating factor permissible if supported by facts)
- McElroy v. State, 865 N.E.2d 584 (Ind.2007) (requirement to explain aggravating/mitigating factors in sentencing)
- Webb v. State, 941 N.E.2d 1082 (Ind.Ct.App.2011) (sufficient oral sentencing explanation supported by record)
- Smith v. State, 872 N.E.2d 169 (Ind.Ct.App.2007) (home-invasion-type aggravation discussed (context))
- Hoeppner v. State, 918 N.E.2d 695 (Ind.Ct.App.2009) (consecutive sentences require at least one aggravator)
- Dixon v. State, 825 N.E.2d 1269 (Ind.Ct.App.2005) (one aggravator may justify consecutive sentences)
- Bennett v. State, 787 N.E.2d 938 (Ind.Ct.App.2003) (single aggravator can support enhanced sentence)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (must provide detailed sentencing justification)
- Wooley v. State, 716 N.E.2d 919 (Ind.2000) (criminal history weight in sentencing)