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