997 N.E.2d 1134
Ind. Ct. App.2013Background
- Kubina pled guilty to a single count of Neglect of a Dependent, Class A felony, with a 25–35 year sentencing range and a 35-year sentence imposed.
- During 2007–2008 Kubina and Choate lived with their children, and Kubina feared inquiries if abuse were investigated, so Christian was homeschooled and Bruises obscured.
- Christian was confined for long periods, ultimately in a basement and then a room, with Kubina sometimes intervening but never notifying authorities or seeking medical care.
- In Gary (late 2008–2009) Christian remained confined; he was later found pale and lethargic, and Kubina helped bury his body with Choate after his death.
- Kubina assisted Choate in concealing the death, including placing the body in bags, burying it under a shed, and aiding in the disposal of evidence.
- Following discovery by Christian’s sibling and the mother, Kubina and Choate were charged in 2011; Kubina pled guilty in 2012 to one count and testified against Choate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in sentencing | Kubina contends aggravating factors, including trust position, were improper. | Kubina argues mitigating factors (e.g., mental illness, lack of prior criminal history, remorse) were ignored or undervalued. | No abuse of discretion; trial court properly weighed aggravating and mitigating factors. |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (abuse of discretion standard for sentencing)
- Pedraza v. State, 887 N.E.2d 77 (Ind. 2008) (allowing consideration of elements beyond offense elements in aggravation)
- Hall v. State, 870 N.E.2d 449 (Ind. Ct. App. 2007) (permitting consideration of crime facts in aggravation)
- McCann v. State, 749 N.E.2d 1116 (Ind. 2001) (nature of aggravating circumstances)