Kenneth Leon Wilson, Jr. v. State of Indiana (mem. dec.)
03A01-1608-CR-1963
Ind. Ct. App.Mar 20, 2017Background
- Kenneth Wilson pled guilty to an amended Count I: Level 6 felony strangulation; other charges (battery, criminal recklessness, pointing a firearm, domestic battery) were dismissed under the plea agreement.
- Incident: Wilson strangled his girlfriend during a domestic dispute, leaving red marks, scratches, bruising, swelling, and clumps of missing hair.
- At sentencing the trial court found no mitigators and identified three aggravators: significant criminal history, prior probation violations, and prior offers of treatment.
- Wilson has an extensive prior criminal record spanning multiple convictions (including domestic violence, battery, substance offenses, and wanton endangerment) and prior unsuccessful interventions.
- The trial court sentenced Wilson to two years in the county jail. Wilson appealed, arguing (1) the court abused its discretion by failing to find mitigating factors and (2) the sentence is inappropriate under Indiana Appellate Rule 7(B).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wilson) | Held |
|---|---|---|---|
| Whether the trial court abused its sentencing discretion by not finding mitigating factors | Trial court properly considered record and valid aggravators; failure to find proposed mitigators was not an abuse | Court should have found mental illness and guilty plea as significant mitigators | No abuse of discretion; trial court permissibly declined to find those mitigators |
| Whether the two-year sentence is inappropriate under Ind. Appellate Rule 7(B) | Sentence is appropriate given offense seriousness and Wilson's criminal history and failed treatment attempts | Two years in jail is excessive given plea and claimed mental illness | Sentence affirmed as not inappropriate under Rule 7(B) |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (framework for appellate review of sentencing statements and abuse-of-discretion standards)
- Anglemyer v. State, 875 N.E.2d 218 (Ind. 2007) (clarification on mitigation review and plea significance)
- Rascoe v. State, 736 N.E.2d 246 (Ind. 2000) (trial court not required to accept defendant's characterization of mitigating circumstances)
- Hollin v. State, 877 N.E.2d 462 (Ind. 2007) (failure to advance a mitigating factor at sentencing may constitute waiver on appeal)
- Spears v. State, 735 N.E.2d 1161 (Ind. 2000) (presumption against belatedly raising mitigators on appeal)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (burden on defendant to show a sentence is inappropriate under Rule 7(B))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (purpose and scope of Rule 7(B) review)
- Davidson v. State, 926 N.E.2d 1023 (Ind. 2010) (consideration of all penal consequences in Rule 7(B) review)
- Rutherford v. State, 866 N.E.2d 867 (Ind. Ct. App. 2007) (degree of deference in appellate review of sentencing)