Sidney Greenleaf v. State of Indiana (mem. dec.)
79A02-1511-CR-1862
| Ind. Ct. App. | Apr 27, 2017Background
- On February 2, 2015, Sidney Greenleaf shot Aaron Vance multiple times outside a gas station; Vance suffered many wounds including loss of a testicle. Five or six shell casings were recovered.
- The State charged Greenleaf with attempted murder (level 1 felony), multiple battery/aggravated battery counts, weapons offenses, and alleged a firearm-use sentencing enhancement.
- Greenleaf pleaded guilty to attempted murder (Count I) and the unlawful use of a firearm enhancement (Count VII); remaining counts were dismissed under the plea agreement.
- At sentencing the court found aggravators: severe victim injury beyond the elements of the offense, extensive criminal history, recent probation violation and attempted avoidance of detection; mitigators included guilty plea/acceptance of responsibility, mental illness, and a difficult childhood.
- The trial court imposed 35 years for attempted murder plus a 10-year firearm enhancement for an aggregate 45-year sentence. Greenleaf appealed contesting sentencing discretion and whether the sentence was inappropriate under App. R. 7(B).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Greenleaf) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in sentencing by using a material element as an aggravator | The court properly considered the particularized severity of the victim’s injuries as part of the nature/circumstances of the offense; any error harmless because other aggravators supported the sentence | The court impermissibly used a material element (serious bodily injury tied to the firearm enhancement) as an aggravator | No abuse of discretion; court considered injuries as particularized circumstances of the offense, not as duplicative use of an element |
| Whether the 45-year sentence is inappropriate under Ind. Appellate Rule 7(B) | Sentence is supported by the offense severity and defendant’s character/risk; adheres to statutory ranges and aggravators | Sentence is excessive given guilty plea, remorse, youth, difficult childhood, learning disability, nonviolent prior felonies | Sentence not inappropriate; defendant failed to meet burden to show disproportionality given extreme injuries, conduct (shooting while victim turned/grounded), long/criminal history, and risk to reoffend |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for reviewing sentencing decisions and when a trial court abuses discretion)
- McElroy v. State, 865 N.E.2d 584 (Ind. 2007) (material element of an offense generally may not be used as an aggravator, but courts may consider particularized circumstances of the offense)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (burden on defendant to demonstrate sentence is inappropriate under App. R. 7(B))
- Caraway v. State, 959 N.E.2d 847 (Ind. Ct. App. 2011) (permitting consideration of severe victim injuries as an aggravator when supported by facts)
- Settles v. State, 791 N.E.2d 812 (Ind. Ct. App. 2003) (particular brutality and severity of injuries may constitute a proper aggravating circumstance)