Bobby Ray Rufus McDonald v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Mar 27 2018, 9:38 am
regarded as precedent or cited before any
CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Chad A. Montgomery Curtis T. Hill, Jr.
Montgomery Law Office Attorney General
Lafayette, Indiana
Matthew B. Mackenzie
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Bobby Ray Rufus McDonald, March 27, 2018
Appellant-Defendant, Court of Appeals Case No.
79A02-1710-CR-2574
v. Appeal from the Tippecanoe
Superior Court
State of Indiana, The Honorable Randy J. Williams,
Appellee-Plaintiff Judge
Trial Court Cause No.
79D01-1603-F5-33
Vaidik, Chief Judge.
[1] After stabbing his nephew in the leg during a night of drinking and smoking
spice, Bobby McDonald was convicted of battery with a deadly weapon, a
Level 5 felony, and sentenced to the maximum term of six years (to include two
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years with Tippecanoe County Community Corrections). He asks us to reduce
his sentence pursuant to Indiana Appellate Rule 7(B), which authorizes us to
revise a sentence if, after due consideration of the trial court’s decision, we find
that the sentence is “inappropriate in light of the nature of the offense and the
character of the offender.” We decline to exercise that authority in this case.
[2] McDonald notes the principle that “the maximum sentence should be reserved
for the very worst offender,” Appellant’s Br. p. 13, and argues that he does not
fall into that class, focusing primarily on his history of mental-health issues
(e.g., ADHD, PTSD, and bipolar disorder). While we join the trial court in
acknowledging McDonald’s mental-health problems, his lengthy criminal
record places him comfortably in the worst-offender category. The pre-sentence
investigation report—which McDonald does not contest—reveals five felony
convictions, twenty-two misdemeanor convictions (including six for battery), a
habitual-substance-offender finding, and at least eight probation violations. In
addition, while this case was pending, McDonald committed and pled guilty to
Class A misdemeanor domestic battery.
[3] The purpose of 7(B) review is to “leaven the outliers.” Cardwell v. State, 895
N.E.2d 1219, 1225 (Ind. 2008). In light of McDonald’s criminal history, and
his commission of yet another battery while out on bond in this case, the six-
year, maximum sentence for Level 5 felony battery is by no means an outlier.
[4] Affirmed.
Barnes, J., and Pyle, J. concur.
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