967 N.E.2d 1074
Ind. Ct. App.2012Background
- Sharkey pled guilty to intimidation (Class D felony); plea capped at 1.5 years and allowed arguing for Class A misdemeanor treatment.
- Feb 10, 2010: Sharkey threatened to come to the high school with guns after his daughter’s arrest; school lockdown occurred.
- Feb 12, 2010: Information filed for Count I intimidation and Count II contributing to the delinquency of a minor.
- Sept 13, 2011 sentencing: judge declined misdemeanor treatment, entered a D felony conviction, found one aggravator, no mitigators.
- Sentence imposed: suspended 1.5-year term; Sharkey appealed challenging the sentencing discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly sentenced Sharkey. | State argues sentence within advisory term; aggravator supported; no mitigators found. | Sharkey contends abuse of discretion; improper weighing and absence of mitigating factors. | No abuse; sentence affirmed within statutory range. |
Key Cases Cited
- McCann v. State, 749 N.E.2d 1116 (Ind. 2001) (nature of crime can support aggravation)
- Smith v. State, 872 N.E.2d 169 (Ind. Ct. App. 2007) (must show more than a generalized aggravator reference)
- Filice v. State, 886 N.E.2d 24 (Ind. Ct. App. 2008) (harm greater than elements justifies aggravation)
- Allen v. State, 875 N.E.2d 783 (Ind. Ct. App. 2007) (remorse is judged by the trial judge's demeanor)
- Phelps v. State, 914 N.E.2d 283 (Ind. Ct. App. 2009) (remorse must be significant and record-supported)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (sentencing framework and review of statements)