Valentin Escobedo v. State of Indiana , 989 N.E.2d 1248 ( 2013 )

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Jeffrey L. Sanford Gregory F. Zoeller
South Bend, Indiana Attorney General of Indiana
Angela N. Sanchez
Deputy Attorney General
Indianapolis, Indiana
______________________________________________________________________________
In the
Indiana Supreme Court Jun 28 2013, 11:36 am
_________________________________
No. 71S03-1306-CR-455
VALENTIN ESCOBEDO, Appellant (Defendant),
v.
STATE OF INDIANA, Appellee (Plaintiff).
_________________________________
Appeal from the St. Joseph Superior Court, No. 71D01-0812-FA-49
The Honorable Jane Woodward Miller, Judge
_________________________________
On Transfer from the Indiana Court of Appeals, No. 71A03-1202-CR-60
_________________________________
June 28, 2013
Dickson, Chief Justice.
Sentenced to an aggregate term of fifty-three years upon convictions for Battery, a class
A felony, and Neglect of a Dependent as a class D felony, the defendant appealed asserting
claims of error in the trial court's evidentiary rulings and seeking appellate sentence review and
revision under Indiana Appellate Rule 7(B). The Court of Appeals affirmed. Escobedo v. State,
987 N.E.2d 103 (Ind. Ct. App. 2013). We now grant transfer to address a single point.
In rejecting the defendant's request for appellate sentence revision, the Court of Appeals
summarized its analysis as follows: "In other words, the maximum sentence here can be justified
as a deontological response giving voice to a community's outrage, based on the facts and cir-
cumstances of the crime." Id. at 120. We disagree and disapprove of consideration of a commu-
nity's outrage in the determination or review of a criminal sentence. Notwithstanding this refer-
ence, however, we agree with the ultimate conclusion of the Court of Appeals that the sentence
imposed by the trial court is appropriate and should be affirmed.
In all other respects we summarily affirm the opinion of the Court of Appeals. Indiana
Appellate Rule 58(A)(2).
Rucker, David, Massa, and Rush, JJ., concur.
2