Stephenson v. State
2016 Ind. App. LEXIS 133
Ind. Ct. App.2016Background
- Stephenson and Jordan (formerly married) were together at Jordan’s apartment after a bar visit when an argument escalated into physical contact.
- Jordan testified Stephenson grabbed, pushed, and scratched her, causing abrasions and a fall into a coffee table; neighbor heard screaming and called police.
- Officer observed Jordan upset with red marks on her face and observed abrasions on Stephenson’s face; Stephenson was arrested for domestic battery and charged as a Class A misdemeanor.
- After a bench trial the court convicted Stephenson of the lesser-included offense of battery as a Class B misdemeanor.
- At sentencing the court noted Stephenson’s criminal history (including prior domestic-violence-related convictions), lack of remorse, found no mitigators, and imposed the maximum 180-day jail term fully executed.
- Stephenson appealed, challenging sufficiency of evidence, alleged sentencing abuse of discretion, and appropriateness of the 180-day sentence under App. R. 7(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for battery (Class B) | State: testimony and circumstantial evidence show Stephenson knowingly touched Jordan in a rude/angry manner | Stephenson: Jordan instigated and battered him; scratch marks on his face suggest he was the victim | Affirmed — testimony of Jordan, neighbor, and officer provided probative evidence; credibility for conflicting accounts left to trier of fact (Jackson) |
| Abuse of discretion in sentencing (failure to weigh mitigators) | State: trial court within discretion for misdemeanor; no statutory requirement to balance or issue sentencing statement | Stephenson: court should have found mitigating factors outweigh aggravators | Affirmed — misdemeanor sentencing has no presumptive/advisory requirement to articulate balancing; no abuse of discretion (Creekmore; Morris) |
| Appropriateness under App. R. 7(B) | State: sentence reflects violent nature, criminal history, lack of remorse | Stephenson: 180 days inappropriate given his age, education, and character references | Affirmed — court gave deference to trial judge; sentence not inappropriate in light of offense and defendant’s record (Cardwell; Roush) |
Key Cases Cited
- Jackson v. State, 925 N.E.2d 369 (credibility and sufficiency review standard)
- Whatley v. State, 908 N.E.2d 276 (scope of incredible dubiosity rule)
- Creekmore v. State, 853 N.E.2d 523 (misdemeanor sentencing—no balancing requirement)
- Morris v. State, 985 N.E.2d 364 (misdemeanor sentences and sentencing-statement discussion)
- Roush v. State, 875 N.E.2d 801 (App. R. 7(B) independent review authority)
- Cardwell v. State, 895 N.E.2d 1219 (deference to trial court and purpose of appellate review under Rule 7(B))