Frederick L. King v. State of Indiana , 2013 Ind. App. LEXIS 317 ( 2013 )


Menu:
  • FOR PUBLICATION
    Jul 02 2013, 10:43 am
    ATTORNEY FOR APPELLANT:                              ATTORNEYS FOR APPELLEE:
    ANTHONY S. CHURCHWARD                                GREGORY F. ZOELLER
    Deputy Public Defender                               Attorney General of Indiana
    Fort Wayne, Indiana
    ANDREW FALK
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    FREDERICK L. KING,                            )
    )
    Appellant-Defendant,                    )
    )
    vs.                              )     No. 02A03-1212-CR-515
    )
    STATE OF INDIANA,                             )
    )
    Appellee-Plaintiff.                     )
    APPEAL FROM THE ALLEN SUPERIOR COURT
    The Honorable Frances C. Gull, Judge
    Cause No. 02D05-1207-FB-123
    July 2, 2013
    OPINION - FOR PUBLICATION
    Panel Per Curiam
    Frederick L. King (“King”) pled guilty to Robbery, as a Class B felony, after taking a
    $14.99 shirt from a Fort Wayne retailer; as he left the store, King pushed a loss prevention
    officer to the floor, causing injury. The sentencing range for a Class B felony is from five
    years to twenty years imprisonment, with an advisory sentence of ten years. See 
    Ind. Code § 35-50-2-5
    .
    The trial court sentenced King to ten years imprisonment, with six years of the
    sentence suspended to probation. As aggravating circumstances, the trial court noted that
    King had three prior juvenile delinquency adjudications and, at the time of the instant
    offense, had been released on bond in another case involving the use of a firearm, resulting in
    a Class C felony charge. As mitigating circumstances, the trial court noted that King had
    pled guilty and expressed remorse.
    The authority granted to this Court by Article 7, § 6 of the Indiana Constitution
    permitting appellate review and revision of criminal sentences is implemented through
    Appellate Rule 7(B), which provides: “The Court may revise a sentence authorized by statute
    if, after due consideration of the trial court's decision, the Court finds that the sentence is
    inappropriate in light of the nature of the offense and the character of the offender.” Under
    this rule, and as interpreted by case law, appellate courts may revise sentences after due
    consideration of the trial court's decision, if the sentence is found to be inappropriate in light
    of the nature of the offense and the character of the offender. Cardwell v. State, 
    895 N.E.2d 1219
    , 1222-25 (Ind. 2008); Serino v. State, 
    798 N.E.2d 852
    , 856-57 (Ind. 2003). The
    2
    principal role of such review is to attempt to leaven the outliers. Cardwell, 895 N.E.2d at
    1225.
    Having reviewed the matter, we conclude that the trial court did not impose an
    inappropriate sentence under Appellate Rule 7(B), and the sentence does not warrant
    appellate revision. Accordingly, we decline to disturb the sentence imposed by the trial
    court. See Chambers v. State, Cause No. 53S01-1307-CR-459 (Ind. July 2, 2013); Merida v.
    State, Cause No. 69S01-1301-CR-24 (Ind. May 17, 2013); Lynch v. State, Cause No. 40S05-
    1301-CR-23 (Ind. May 17, 2013).
    Judgment affirmed.
    NAJAM, J., BAILEY, J., and BARNES, J., concur.1
    1
    In per curiam opinions, judges serving on the panel are listed in order of seniority. Each member of
    the panel has considered the briefs submitted on appeal, and as in every appeal the record submitted has been
    available for further review by members of the panel as may be needed. Each member of the panel has voted
    on the appeal, and where, as here, the opinion is unanimous, the per curiam opinion is the opinion of all panel
    members.
    3
    

Document Info

Docket Number: 02A03-1212-CR-515

Citation Numbers: 992 N.E.2d 743, 2013 Ind. App. LEXIS 317, 2013 WL 3355764

Judges: Najam, Bailey, Barnes

Filed Date: 7/2/2013

Precedential Status: Precedential

Modified Date: 11/11/2024