Jaylen Bolden v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Dec 15 2017, 9:04 am
court except for the purpose of establishing
CLERK
the defense of res judicata, collateral Indiana Supreme Court
Court of Appeals
estoppel, or the law of the case. and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Donald E.C. Leicht Curtis T. Hill, Jr.
Kokomo, Indiana Attorney General of Indiana
Lee M. Stoy, Jr.
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jaylen Bolden, December 15, 2017
Appellant-Defendant, Court of Appeals Case No.
34A02-1707-CR-1601
v. Appeal from the Howard Circuit
Court
State of Indiana, The Honorable Lynn Murray,
Appellee-Plaintiff Judge
Trial Court Cause No.
34C01-1609-F1-217
Altice, Judge.
Case Summary
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[1] Jaylen Bolden pled guilty to rape as a Level 1 felony and was subsequently
sentenced to forty years, with thirty years executed and ten years suspended to
supervised probation. On appeal, Bolden argues that his sentence is
inappropriate.
[2] We affirm.
Facts & Procedural History
[3] On May 12, 2016, Bolden engaged in a series of burglaries. During one of the
burglaries, sixteen-year-old K.P. was home alone. K.P. went to bed around
2:00 a.m. and was awakened around 4:02 a.m. when her bedroom door
opened. K.P. saw an individual, later identified as Bolden through DNA
evidence, wearing a black hooded sweatshirt, black sweatpants, and a ski mask.
Bolden pointed a silver handgun at K.P. and ordered her to give him money.
K.P. responded that she did not have any money. Bolden then order K.P. to
“get down” and “suck him.” Appellant’s Appendix Vol. 2 at 34. K.P. refused, but
Bolden then put the gun to her forehead and threatened to shoot her if she did
not “suck him.” Id.
[4] K.P. began performing oral sex on Bolden and, after a short time, Bolden
ordered her to remove her pants and lie on the bed. Bolden then approached
her and again pointed the handgun at her, telling her he would shoot her.
Bolden inserted the barrel of the gun into K.P.’s vagina. K.P. told Bolden that
she had never had sex before, but Bolden continued the assault and penetrated
K.P.’s vagina with his penis. Bolden also fondled and placed his mouth on one
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of K.P.’s breasts. After a couple of minutes, Bolden dropped his gun. He got
off of K.P. to search for his gun. After he found his gun, he left the room and
looked through the other bedrooms. Bolden eventually left to continue his
crime spree, and K.P. got dressed. K.P. was crying the entire time and was
surprised the neighbors did not hear her screams. Bolden was arrested that
same day during another burglary.
[5] On April 27, 2017, Bolden entered into a plea agreement with the State,
pursuant to which Bolden agreed to plead guilty to rape as a Level 1 felony and
the State agreed to a cap on executed time of thirty years and to dismiss other
pending charges, both in this cause and in four other causes. A sentencing
hearing was held on July 5, 2017, at the conclusion of which the trial court
sentenced Bolden to forty years, with thirty years executed and ten years to be
served on supervised probation. Bolden now appeals. Additional facts will be
provided as necessary.
Discussion & Decision
[6] Bolden argues that his sentence is inappropriate. Article 7, section 4 of the
Indiana Constitution grants our Supreme Court the power to review and revise
criminal sentences. See Knapp v. State, 9 N.E.3d 1274, 1292 (Ind. 2014), cert.
denied, 135 S. Ct. 978 (2015). Pursuant to Ind. Appellate Rule 7, the Supreme
Court authorized this court to perform the same task. Cardwell v. State, 895
N.E.2d 1219, 1224 (Ind. 2008). Per App. R. 7(B), we may revise a sentence “if
after due consideration of the trial court’s decision, the Court finds that the
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sentence is inappropriate in light of the nature of the offense and the character
of the offender.” Inman v. State, 4 N.E.3d 190, 203 (Ind. 2014) (quoting App. R.
7). “Sentencing review under Appellate Rule 7(B) is very deferential to the trial
court.” Conley v. State, 972 N.E.2d 864, 876 (Ind. 2012). Bolden bears the
burden on appeal of persuading us that his sentence is inappropriate. See id.
[7] Bolden acknowledges that there is no way to minimize his rape of a sixteen-
year-old girl, that he has a history of substance abuse, and that he has a problem
with authority. Bolden argues, however, that “there is nothing to be learned in
thirty (30) years’ incarceration that cannot be learned in twenty (20) years’
incarceration.” Appellant’s Brief at 8. Bolden has wholly failed to meet his
burden of persuading us that his sentence is inappropriate.
[8] Judgment affirmed.
May, J. and Vaidik, C. J., concur.
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