James D. Smith v. State of Indiana (mem. dec.)
79A02-1609-CR-2149
| Ind. Ct. App. | Feb 27, 2017Background
- On December 21, 2015, Smith assaulted his ex-girlfriend Carter at her Lafayette home.
- Smith then attacked Carter’s boyfriend Ward, fracturing Ward’s skull by striking him with a liquor bottle.
- Smith fled to Chicago to avoid arrest, leaving Ward injured without emergency assistance.
- Smith was charged with two counts of Level 5 battery and one count of Level 6 battery; he pled guilty to one Level 5 battery prior to trial, and the other charges were dismissed.
- Trial court sentenced Smith to five years executed, identifying multiple mitigators and aggravators, including prior criminal history and flight to avoid arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion in sentencing? | Smith argues improper aggravation (high risk to reoffend). | State argues valid aggravators remained, and remand not required. | No abuse; other valid aggravators support five years. |
| Is the five-year sentence inappropriate under Rule 7(B)? | Nature of offense shows serious bodily injury; sentence may be excessive. | Smith’s history and conduct justify enhancement; not inappropriate. | Not inappropriate in light of offense and character. |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for sentencing decisions; improper aggravator can be harmless if other factors support sentence)
- Anglemyer v. State (reh’g/reh’g II), 875 N.E.2d 218 (Ind. 2007) (clarified use of aggravators and record support on remand)
- Baumholser v. State, 62 N.E.3d 411 (Ind. Ct. App. 2016) (appropriate remedy when improper aggravator but valid others exist)
- Hackett v. State, 716 N.E.2d 1273 (Ind. 1999) (remand for resentencing when aggravators are improper or unsupported)
- J.S. v. State, 928 N.E.2d 576 (Ind. 2010) (risk assessment scores may supplement but not automatically serve as aggravating factors)
- Robinson v. State, 61 N.E.3d 1226 (Ind. Ct. App. 2016) (battery resulting in serious bodily injury context considered)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. Ct. App. 2008) (guides toward appellate review for unwarranted outliers in sentencing)
- Gibson v. State, 856 N.E.2d 142 (Ind. Ct. App. 2006) (framework for reviewing reductions/upsides in sentencing under Appellate Rule 7(B))
- Roush v. State, 875 N.E.2d 801 (Ind. Ct. App. 2007) (initial guide to whether sentence is inappropriate under Rule 7(B))