Rodney Joe McGuire v. State of Indiana (mem. dec.)
09A02-1605-CR-1148
| Ind. Ct. App. | Feb 21, 2017Background
- Between 2007 and 2012, Rodney Joe McGuire (over 21) repeatedly molested B.P., a male child under 12; the State charged six counts of Class A child molesting.
- McGuire pleaded guilty to one count pursuant to a plea agreement that dismissed the remaining counts and left sentencing to the trial court; the written plea form included a waiver of sentencing appeals, but the court orally advised McGuire he retained the right to appeal.
- At plea and sentencing hearings, the parties and trial court believed (incorrectly) that Indiana Code § 35-50-2-2(i) made 30 years the minimum sentence for a Class A child-molesting conviction involving a victim under 12 and an offender 21 or older.
- The trial court found three aggravators (criminal history; victim’s very young age; McGuire’s custodial/position-of-trust relationship) and one mitigator (guilty plea), concluded aggravators outweighed mitigators, and imposed a 40-year executed sentence.
- On appeal McGuire argued the court abused its discretion by relying on the mistaken belief that 30 years was the statutory minimum; the State conceded the mistake but argued the error was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by relying on a mistaken belief that the statute set a 30-year minimum sentence | State: court applied § 35-50-2-2(i) appropriately; any mistake is harmless given aggravators | McGuire: court misapprehended law — statute does not set a 30-year minimum, so sentencing was erroneous | Court: court erred in believing 30 years was the minimum, but the error was harmless because the record shows an intended aggravated sentence supported by sufficient aggravators |
| Whether McGuire waived his right to appeal his sentence by signing plea form waiving sentencing challenges | State: McGuire may appeal (conceded on appeal) | McGuire: did not validly waive because court orally advised right to appeal at plea and sentencing | Court: McGuire did not waive appeal right because trial court orally advised him he retained appeal rights |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (abuse-of-discretion standard and procedure for reviewing aggravators/mitigators)
- Miller v. State, 943 N.E.2d 348 (Ind. 2011) (§ 35-50-2-2(i) does not establish a statutory minimum sentence)
- Rios v. State, 930 N.E.2d 664 (Ind. Ct. App. 2010) (remedies for sentencing irregularities: remand, affirm if harmless, or impose proper sentence)
- Smith v. State, 908 N.E.2d 1251 (Ind. Ct. App. 2009) (a single aggravator can support an enhanced sentence)
- Merlington v. State, 814 N.E.2d 269 (Ind. 2004) (standards referenced for appellate sentencing review)