Johnny Lynn Langston v. State of Indiana (mem. dec.)
90A02-1703-CR-663
| Ind. Ct. App. | Aug 18, 2017Background
- Defendant Johnny Lynn Langston, the step-grandfather of two sisters (K.P., b.1996; F.S., b.2001), was charged with multiple counts of child molesting and sexual misconduct based on abuse spanning years; one victim lived in his home and considered him a father figure.
- Allegations included oral kissing, digital and manual sexual contact, and intercourse; victims were told to keep the abuse secret.
- F.S. reported abuse to Department of Child Services in Feb 2016; K.P. later disclosed similar earlier abuse; police investigation joined the reports.
- The State charged Langston with one Class A felony, three Class C felonies, two Level 4 felonies, and two Level 5 felonies, and sought habitual-offender enhancement; Langston moved to sever charges between the two victims, which the trial court denied.
- A jury convicted Langston on all counts; he admitted habitual-offender status. The trial court sentenced him to an aggregate 79-year term (40 years for Class A + 30-year habitual enhancement, plus additional consecutive and concurrent terms). Langston appealed, arguing erroneous denial of severance and an inappropriate sentence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Langston) | Held |
|---|---|---|---|
| Whether the trial court erred by denying motion to sever charges between the two victims | Charges were properly joined because offenses were connected by a common relationship, method, motive, and overlapping investigation and evidence | Joinder prejudiced defense; offenses involved different victims and should have been tried separately as of right | Court affirmed denial: offenses were sufficiently connected (modus operandi, relationship, overlapping investigation) so severance not required |
| Whether the aggregate 79-year sentence is inappropriate under Ind. App. Rule 7(B) | Sentence is appropriate given the serious, repeated sexual abuse of minors, breach of trust, and defendant's criminal history including prior felonies and probation violations | Sentence is excessive in light of nature/character; less severe term warranted | Court affirmed sentence: gave substantial deference to trial court; nature of offenses and defendant's poor character justified the sentence |
Key Cases Cited
- Pierce v. State, 29 N.E.3d 1258 (Ind. 2015) (common modus operandi and relationship can link crimes against different victims for joinder)
- Brown v. State, 650 N.E.2d 304 (Ind. 1995) (reversal for improper denial of severance requires showing actual trial prejudice)
- Knapp v. State, 9 N.E.3d 1274 (Ind. 2014) (appellate review of sentence under Rule 7(B) gives substantial deference to trial court)
- Chambers v. State, 989 N.E.2d 1257 (Ind. 2013) (appellate role in revising sentences is limited to leavening outliers)
- Turnpaugh v. State, 521 N.E.2d 690 (Ind. 1988) (common relationship between defendant and victims can justify joinder)
- Heinzman v. State, 895 N.E.2d 716 (Ind. Ct. App. 2008) (overlapping evidence from related victims can support joined prosecution)
- Booker v. State, 790 N.E.2d 491 (Ind. Ct. App. 2003) (employment/caretaker relationship linking multiple victims supports joinder)
