Ira Steven Link v. State of Indiana (mem. dec.)
41A01-1605-CR-1003
| Ind. Ct. App. | Mar 9, 2017Background
- In May 2015, Ira Link entered the Greenwood home of 76-year-old N.W., assaulted her in the garage and house, robbed her of about $40, and forced her to perform oral sex and have intercourse, leaving her with significant injuries and long-term functional impairment.
- Link was arrested after confessing to his mother and police; he had prior convictions from 1993 for child molesting and was on probation at the time of the offense.
- The State charged Link with two counts of level 3 rape, level 3 burglary (later briefly amended to level 1 then restored to level 3 by plea), level 5 criminal confinement, and being a repeat sexual offender based on the 1993 convictions.
- On the eve of trial Link entered an open guilty plea; the State agreed to the level 3 burglary charge as part of the plea bargain.
- At sentencing the trial court found mitigators (guilty plea, remorse, troubled upbringing) but several strong aggravators (active probation, victim’s age, severe injuries, violent nature), imposed consecutive terms including a nine-year enhancement as a repeat sexual offender, and imposed an aggregate sentence of 63 years.
- Link appealed, arguing his aggregate sentence was inappropriate under Indiana Appellate Rule 7(B); the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Link) | Held |
|---|---|---|---|
| Whether Link's 63-year aggregate sentence is inappropriate under Appellate Rule 7(B) | Sentence appropriate given egregious facts, victim impact, offender's character, probation status, and risk to reoffend | Sentence excessive: near-maximum terms, consecutive service, discourages open guilty pleas, plea was last-minute and should not be punished | Court affirmed: sentence not inappropriate given nature of offenses and offender's character |
Key Cases Cited
- Serino v. State, 798 N.E.2d 852 (Ind. 2003) (Supreme Court reduced extreme aggregate sentence where defendant had positive character evidence and no criminal history)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (burden on defendant to show sentence is inappropriate under Rule 7(B))
- Hines v. State, 30 N.E.3d 1216 (Ind. 2015) (appellate review under Rule 7(B) is an independent judgment focusing on overall appropriateness)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (sentencing is primarily discretionary and appellate courts should give deference to trial court decisions)