Kelcey Dirk Sample v. State of Indiana (mem. dec.), 45A04-1703-CR-706

Background

On December 18, 2014, Kelcey Sample pushed his ex-partner Tiana Cody into a mirror at her home; the mirror shattered and Cody required over 20 stitches to her hand and wrist and had bruising to face, neck, and scalp.
The State charged Sample with multiple counts across two cases (domestic violence and related confinement/strangulation/battery charges); plea negotiations followed multiple continuances.
On January 23, 2017, Sample pleaded guilty under a plea agreement to one count of Level 5 felony battery resulting in serious bodily injury; the agreement capped the sentence at three years and dismissed remaining counts.
At sentencing, the trial court considered aggravators including Sample’s juvenile and adult criminal history, prior probation violations, history of domestic violence arrests, the nature of the offense (attack in victim’s home without provocation), and Sample’s lack of remorse.
The court sentenced Sample to three years’ incarceration (the advisory term for a Level 5 felony); Sample appealed, arguing (1) the court improperly relied on a felony conviction that had been reduced to a misdemeanor and (2) his sentence was inappropriate under Appellate Rule 7(B).

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Sample)	Held
Whether the trial court abused its discretion by considering a prior felony conviction in the presentence report that had been reduced to a misdemeanor	The trial court properly relied on multiple, independent aggravators supported by the record; even if one aggravator were improper, other aggravators justify the sentence	The court improperly considered a conviction that had been reduced, making that aggravator invalid and rendering the sentence an abuse of discretion	The court did not abuse its discretion; multiple other supported aggravators existed and would have produced the same sentence
Whether the three-year sentence is inappropriate under Indiana Appellate Rule 7(B) given the nature of the offense	The advisory three-year sentence is appropriate based on the intentional push, serious injury, and attack in the victim’s home	The injury was an unexpected/remote result of a push; the three-year capped sentence is excessive relative to his intent	The sentence is not inappropriate: the offense involved intentional conduct causing serious injury and Sample’s statements showed lack of true remorse
Whether Sample’s character (criminal history and remorse) warrants a reduced sentence	The State argued Sample’s extensive criminal history and lack of remorse support the imposed sentence	Sample claimed remorse and urged consideration of limited intent for the injury	The court found Sample’s lengthy record and refocused/insincere remarks indicated poor character; sentence not inappropriate
Whether the plea cap limits appellate review of sentence severity	N/A	Sample argued the plea cap meant the court imposed the maximum penalty	The court noted the plea capped sentencing at three years (the advisory term), and affirmed the capped sentence as appropriate

Key Cases Cited

Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for reviewing sentencing abuses and aggravators/mitigators)
Hackett v. State, 716 N.E.2d 1273 (Ind. 1999) (a single aggravator may justify an enhanced sentence)
Edrington v. State, 909 N.E.2d 1093 (Ind. Ct. App. 2009) (affirming sentence despite an improper aggravator where other aggravators supported the sentence)
Perry v. State, 78 N.E.3d 1 (Ind. 2017) (upholding sentence where defendant admitted participation but blamed the victim)
Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (appellant bears burden to show sentence is inappropriate under Rule 7(B))
Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (factors for assessing appropriateness of a sentence)
Cotto v. State, 829 N.E.2d 520 (Ind. 2005) (arrest record may inform assessment of defendant’s character and recidivism risk)
Rutherford v. State, 866 N.E.2d 867 (Ind. Ct. App. 2007) (criminal history relevant to character assessment)