Samuel Jacob Fies v. State of Indiana (mem. dec.)
45A05-1611-CR-2547
Ind. Ct. App.Mar 17, 2017Background
- Samuel Jacob Fies, a 32-year-old middle school teacher and coach, engaged in sexual misconduct with students between 2010–2011.
- Incident with student S.C. (15): Fies grabbed her breast and genitalia intending sexual arousal or gratification.
- Communications with L.D. (believed by Fies to be under 14): solicited sexual messages and asked for sexual acts via social media.
- Original charging information included multiple felony counts; pursuant to a plea agreement Fies pled guilty to one count of Class C felony sexual misconduct with a minor and an amended Class A misdemeanor inappropriate communication with a child; remaining counts were dismissed.
- Sentencing: Trial court imposed concurrent sentences — five years executed on the Class C felony and one year on the misdemeanor (concurrent), for an aggregate five-year sentence. Fies appealed, arguing the sentence is inappropriate under Indiana Appellate Rule 7(B).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fies) | Held |
|---|---|---|---|
| Whether Fies’s five-year sentence is inappropriate under Ind. App. R. 7(B) | The sentence is reasonable given the seriousness and predatory nature of the offenses and deference to trial court sentencing discretion | Sentence is inappropriate in light of Fies’s character: no criminal history, guilty plea, employment, remorse, good behavior pretrial, and support letters | Affirmed: sentence not inappropriate; Fies failed to meet burden to show it is inappropriate |
Key Cases Cited
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to show sentence is inappropriate)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate review of sentence should give considerable deference to trial court and leaven outliers)
- Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012) (appellate review focuses on aggregate sentence)
- Fuller v. State, 9 N.E.3d 653 (Ind. 2014) (advisory sentence as legislative starting point)
- Connor v. State, 58 N.E.3d 215 (Ind. Ct. App. 2016) (7(B) review requires consideration of both nature of offense and offender's character)