Michael French v. State of Indiana (mem. dec.)
48A02-1608-CR-1778
Ind. Ct. App.Oct 5, 2017Background
- Michael French, father of K.F. (b.1995), A.F. (b.1999), H.F. (b.2001), and C.F. (b.2007), was accused of repeated sexual abuse of his daughters from 2001–2013.
- Allegations included rubbing daughters’ genitals while they slept, oral sex and intercourse with K.F., providing alcohol and pills to K.F., and similar touching of H.F.; some incidents occurred in the same residences.
- K.F. disclosed the abuse around age 20; both K.F. and H.F. reported to police. French was arrested November 2015.
- Charges (two causes) included Class A felony child molesting, Class B and C incest counts, and multiple Class C child molesting counts; the trial court granted a joint trial and denied French’s motion to sever.
- A jury convicted French on all counts; the trial court imposed consecutive and concurrent terms resulting in an aggregate 95‑year sentence.
- French appealed arguing the denial of severance and that sentencing was erroneous and inappropriate.
Issues
| Issue | State's Argument | French's Argument | Held |
|---|---|---|---|
| Motion to sever joined charges | Joinder proper because offenses were connected by familial relationship, overlapping time, common method and interconnected investigation | Joinder prejudiced French; trial court should have severed counts for fair trial | Denial affirmed—offenses were connected (position of trust, same victims/method/overlap) so joinder proper |
| Reliance on aggravating factors at sentencing | Trial court properly relied on multiple victims, duration, number of convictions, abuse of trust, facilitation by alcohol/drugs and threats | Some listed aggravators (threats, providing drugs/alcohol) lack record support | Even if some factors were unsupported, several unchallenged, heavily-weighted aggravators justified the sentence; no resentencing |
| Appropriateness under App. R. 7(B) | Sentence fits nature (repeated abuse, exploitation of trust, harm) and character (threats, exposure of other children, limited remorse) | Sentence is excessive given defendant’s limited criminal history and not being "worst offender" | 95‑year aggregate sentence not inappropriate; affirmed |
Key Cases Cited
- Pierce v. State, 29 N.E.3d 1258 (Ind. 2015) (tests for whether separate offenses are connected for joinder and when severance is required)
- Ennik v. State, 40 N.E.3d 868 (Ind. Ct. App. 2015) (offenses linked by exploitation of special relationship supports joinder)
- Craig v. State, 730 N.E.2d 1262 (Ind. 2000) (standard of review for joinder when acts are connected)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standards for reviewing sentencing findings, aggravators/mitigators)
- Knapp v. State, 9 N.E.3d 1274 (Ind. 2014) (Appellate Rule 7(B) appropriateness review standard)