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Michael Lee Campbell v. State of Indiana (mem. dec.)
03A04-1705-CR-1054
Ind. Ct. App.
Sep 29, 2017
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Background

  • Campbell pled guilty to Level 6 felony theft for stealing two Dyson vacuums from Walmart; another pending Level 6 theft charge was dismissed as part of the plea.
  • The plea left sentencing to the trial court; Campbell asked for a community-based, treatment-focused sentence to address his heroin addiction.
  • PSI showed 47 prior convictions (14 for theft), numerous probation placements (26) and many probation violations; Campbell had been terminated repeatedly from prior treatment programs.
  • Trial court found extensive criminal history and prior failed treatment efforts as aggravators, found no mitigation, and sentenced Campbell to the maximum for a Level 6 felony: 2½ years executed.
  • On appeal Campbell argued his sentence was inappropriate under Indiana Appellate Rule 7(B) given the nature of the offense and his need for rehabilitation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether sentence is inappropriate under Ind. Appellate Rule 7(B) State: sentence appropriate given defendant's long, repetitive criminal history and failed treatment attempts Campbell: sentence is excessive; should be rehabilitative/community corrections for treatment and gradual reentry Court affirmed: sentence not inappropriate in light of offense and character

Key Cases Cited

  • Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to show sentence inappropriate under Rule 7(B))
  • Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (Rule 7(B) review aims to correct outliers, not to reach the single "correct" sentence)
  • Conley v. State, 972 N.E.2d 864 (Ind. 2012) (Rule 7(B) asks whether imposed sentence is inappropriate, not whether another would be better)
  • Sanders v. State, 71 N.E.3d 839 (Ind. Ct. App. 2017) (appellant must show inappropriateness in light of both offense and character)
  • Johnson v. State, 62 N.E.3d 1224 (Ind. Ct. App. 2016) (placement in community corrections is a matter of grace, not a right)
Read the full case

Case Details

Case Name: Michael Lee Campbell v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Sep 29, 2017
Docket Number: 03A04-1705-CR-1054
Court Abbreviation: Ind. Ct. App.