Lynn Kohne v. State of Indiana (mem. dec.)
01A02-1608-CR-1973
| Ind. Ct. App. | Apr 18, 2017Background
- On November 21, 2015, Lynn Kohne drove southbound on Highway 27 while intoxicated (BAC .13) and crossed into oncoming traffic, colliding with a vehicle and killing Gary Herriford; Cynthia Herriford later died of her injuries. Their 13‑year‑old daughter was present and injured.
- The State charged Kohne with two counts of causing death while operating a motor vehicle with an alcohol concentration equivalent greater than .08 (Level 5 felonies after amendment).
- Kohne pleaded guilty to both counts without a plea agreement on June 27, 2016; the trial court accepted the plea.
- The trial court sentenced Kohne to six years on each count (five years executed, one year probation), to be served consecutively, for an aggregate twelve‑year sentence with two years suspended to probation.
- Kohne appealed, arguing his sentence was inappropriate and that the trial court abused its discretion in sentencing; the Court of Appeals found the appropriateness issue dispositive.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Kohne) | Held |
|---|---|---|---|
| Whether Kohne's aggregate 12‑year sentence is inappropriate under Ind. Appellate Rule 7(B) | The maximum consecutive sentences are justified by the deaths and serious harm caused | The sentence is excessive given Kohne's remorse, clean record, age, serious medical issues, steady employment, and low risk to reoffend | Court: Sentence is inappropriate; reduced to consecutive terms of 4 years each (one year suspended per count), aggregate 8 years with two years suspended |
| Whether trial court abused its discretion in sentencing | Trial court acted within statutory range and considered circumstances | Kohne contended abuse of discretion in imposing near‑maximum consecutive terms | Court did not address due‑process/abuse claim because it resolved the case on 7(B) inappropriateness grounds |
Key Cases Cited
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to show sentence is inappropriate under Rule 7(B))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate review should "leaven the outliers"; considerations for appropriateness review)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (advisory sentence is starting point; appellate review framework for sentencing)
- Ricci v. State, 894 N.E.2d 1089 (Ind. Ct. App. 2008) (upheld maximum consecutive sentences where defendant had poor record, dishonesty, and lack of remorse)