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

• Court: Indiana Court of Appeals
• Decided: March 27, 2018
• Docket: 79A02-1710-CR-2574
• Status: Published

Opinion

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

Court of Appeals of Indiana | Memorandum Decision 79A02-1710-CR-2574 | March 27, 2018 Page 1 of 2 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.

Court of Appeals of Indiana | Memorandum Decision 79A02-1710-CR-2574 | March 27, 2018 Page 2 of 2