Joshua Thompson v. State of Indiana
82 N.E.3d 376
| Ind. Ct. App. | 2017Background
- On July 28, 2015 Joshua Thompson shoved his ex-wife Brooke in front of their child; Brooke fell, twisted her ankle, and in falling struck Charlotte Wells, who suffered fractured vertebrae and a tailbone fracture.
- State charged Thompson with three counts: Level 6 domestic battery (for injuring Brooke in presence of child), Level 6 battery with moderate bodily injury (Brooke’s injury), and Level 5 battery resulting in serious bodily injury (Wells’ injuries).
- Thompson pled guilty to all three counts without a plea agreement the day before trial. At sentencing the court vacated one of the Level 6 counts, entered convictions on Level 6 domestic battery and Level 5 battery (for Wells’ injuries), and imposed consecutive 2- and 4-year terms (total 6 years).
- Thompson appealed, arguing (1) count charging Level 5 battery failed to allege battery because Thompson did not touch Wells, (2) convictions for two batteries arising from one shove violate double jeopardy, and (3) his aggregate sentence is inappropriate.
- The State argued Thompson waived challenges by pleading guilty; the court declined to apply waiver because there was no plea agreement and the trial court had told Thompson it would avoid double jeopardy and he retained appeal rights.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Thompson) | Held |
|---|---|---|---|
| Whether count 3 (Level 5 battery) alleged a crime where defendant did not touch the injured person | Count properly charged an elevated battery offense under statutory language "results in" injuries to another person | A battery requires the defendant to personally touch the injured victim; count 3 fails because Wells was touched only accidentally by Brooke | Held: Affirmed Level 5 conviction — statute’s elevated battery subsections permit liability where defendant touches one person and that touching results in injury to another person |
| Whether convictions for Level 6 domestic battery and Level 5 battery violate double jeopardy | Crimes are distinguishable because they involved separate victims | Both convictions arise from a single shove; both use the same act as factual basis and thus constitute the same offense | Held: Vacated the Level 6 domestic battery conviction for double jeopardy; remand for resentencing on single Level 5 conviction |
| Whether Thompson waived challenges by pleading guilty | Guilty plea waives broad rights per Mapp | No plea agreement here; defendant preserved ability to challenge convictions and the trial court specifically advised he could appeal | Held: No waiver — court proceeded to consider merits |
| Appropriateness of aggregate six-year sentence | (State did not brief merits on appeal) | Thompson argued sentence inappropriate | Held: Not addressed because double jeopardy ruling requires resentencing on single count |
Key Cases Cited
- Mapp v. State, 770 N.E.2d 332 (Ind. 2002) (guilty pleas generally waive many appellate challenges)
- McElroy v. State, 864 N.E.2d 392 (Ind. Ct. App. 2007) (guilty plea without plea agreement permits direct appeal of double jeopardy claims)
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (actual evidence test for double jeopardy: offenses must be established by separate and distinct facts)
- McGaughey v. State, 419 N.E.2d 184 (Ind. Ct. App. 1981) (single beating supporting multiple enhancements is one crime)
- Day v. State, 57 N.E.3d 809 (Ind. 2016) (statutory interpretation principles; apply plain language to determine legislative intent)