Sanchez v. State
2010 Ind. LEXIS 805
| Ind. | 2010Background
- Sanchez was convicted of three counts of class A felony child molesting involving his two stepdaughters.
- The incidents occurred between 2006 and 2007; Sanchez married the victims’ mother in 2002 and acted as a father figure.
- The victims testified Sanchez touched their private areas; V1 was six and V2 was nine at the time.
- A physician noted incomplete hymens but no injuries, diagnosing possible molestation and consistency with complaints.
- The trial court sentenced 40 years on each count, with the two V1 counts concurrent and consecutive to the V2 count; the Court of Appeals affirmed; the Supreme Court granted transfer to address the sentence and revised it to be served concurrently.
- The Court revises Sanchez’s sentences to 30 years for the two V1 counts and 40 years for the V2 count, all concurrent, and remands for amendment of the order without a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the aggregate sentence is inappropriate based on the offenses and Sanchez’s character | Sanchez contends the aggregate sentence is inappropriate | State argues the enhanced and consecutive terms are warranted | Aggregate sentence revised to concurrent terms; overall 30 years for V1 and 40 years for V2, to be served concurrently. |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (requires detailed reasons for sentence and review for abuse of discretion)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (difficulty in reviewing and revising sentences; focus on aggregate length and serving)
- Tyler v. State, 903 N.E.2d 463 (Ind. 2009) (no injury or significant force may justify revision of enhanced sentence)
- Rivers v. State, 915 N.E.2d 141 (Ind. 2009) (consecutive to concurrent considerations when offenses are limited in time and scope)
- Harris v. State, 897 N.E.2d 927 (Ind. 2008) (ongoing molestation with trust position can justify enhancements)
- Serino v. State, 798 N.E.2d 852 (Ind. 2003) (appellate review of sentences limited and cautious)
- Monroe v. State, 886 N.E.2d 578 (Ind. 2008) (prior driving-related offenses unconnected to molestation not substantial)