Latroy Maxwell v. State of Indiana (mem. dec.)
79A02-1601-CR-154
| Ind. Ct. App. | Aug 25, 2016Background
- In April 2015 Maxwell, who was subject to a no-contact order, entered N.G.’s home uninvited while her four children were present.
- Maxwell forced N.G. into a bedroom, attempted to remove her clothing, choked her until she lost consciousness, and then raped her.
- N.G. regained consciousness with her pants removed, reported the assault, and was examined by a nurse who noted symptoms consistent with loss of consciousness.
- Maxwell was charged with multiple offenses; a jury convicted him of Rape and Invasion of Privacy (among other counts), but the trial court entered judgments on Rape (elevated to Level 1 felony) and Invasion of Privacy.
- The trial court imposed the advisory 30-year sentence for a Level 1 felony. Maxwell appealed, challenging (1) sufficiency of evidence of serious bodily injury and (2) sentence appropriateness.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Maxwell) | Held |
|---|---|---|---|
| Whether evidence supports elevation of rape to Level 1 felony based on serious bodily injury | Evidence showed N.G. was rendered unconscious by strangulation, which qualifies as serious bodily injury. | Unconsciousness was based on victim self-report/brief and unsupported by medical testing; insufficient to prove serious bodily injury. | Affirmed. Jury reasonably found unconsciousness from strangulation; that satisfies "serious bodily injury." |
| Whether 30-year advisory sentence is inappropriate under App. R. 7(B) | Advisory 30-year term is within statutory range and appropriate given offense severity and offender’s record. | Sentence is excessive given assertedly brief unconsciousness and allegedly superficial injuries. | Affirmed. Sentence not inappropriate considering nature of offense (violation of no-contact order, strangulation, rape with children present) and Maxwell’s criminal history. |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for sufficiency review — consider probative evidence and reasonable inferences)
- Davis v. State, 819 N.E.2d 91 (Ind. Ct. App. 2004) (unconsciousness caused by injury can constitute serious bodily injury)
- State v. Greene, 16 N.E.3d 416 (Ind. 2014) (strangulation may support finding of serious bodily injury)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (principles governing appellate review of sentence appropriateness)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (defendant bears burden to show sentence inappropriate)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (standards referenced for appellate review of sentencing)