Christopher A. Redden v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: October 25, 2018
• Docket: 18A-CR-450
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Oct 25 2018, 9:20 am regarded as precedent or cited before any court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Mary P. Lake Curtis T. Hill, Jr. La Porte, Indiana Attorney General of Indiana Matthew B. Mackenzie Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Christopher A. Redden, October 25, 2018 Appellant-Defendant, Court of Appeals Case No. 18A-CR-450 v. Appeal from the La Porte Circuit Court State of Indiana, The Honorable Thomas J. Appellee-Plaintiff Alevizos, Judge Trial Court Cause No. 46C01-1607-F3-571

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-450 | October 25, 2018 Page 1 of 4 [1] Christopher Redden appeals the sentence imposed by the trial court after he

pleaded guilty to Level 4 felony child molesting. Redden argues that the

sentence is inappropriate in light of the nature of the offense and his character.

Finding that the sentence is not inappropriate, we affirm.

[2] On July 5, 2016, the State charged Redden with two counts of child molesting,

one as a Level 3 felony and the other as a Level 4 felony. On September 1,

2017, Redden pleaded guilty to the Level 4 felony in exchange for the dismissal

of the Level 3 felony charge. He admitted that he, at the age of nineteen,

touched or fondled the vagina of a twelve-year-old girl. The probable cause

affidavit further shows that Redden molested the victim during a sleepover at

his house, penetrating her vagina with his finger and placing her hands on his

penis; there were two other juveniles present in the room at the time. The

victim kept trying to pull away and Redden repeatedly told her to “[s]top

fighting me.” Conf. App. Vol. II p. 14.

[3] Redden’s sentencing hearing took place on December 14, 2017. At the hearing,

the State offered evidence of Redden’s juvenile history as well as a trend of

coercive sexual behavior in which Redden has been engaging since the age of

six. The trial court found two aggravating factors: Redden’s lack of remorse

and his commission of the crime in the presence of other juveniles. The trial

court found one mitigating circumstance—Redden’s guilty plea—but did not

afford it substantial weight because Redden pleaded guilty to the lesser charge

while the greater charge was dismissed. The trial court sentenced Redden to a

nine-year term. Redden now appeals.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-450 | October 25, 2018 Page 2 of 4 [4] Redden’s sole argument on appeal is that the sentence is inappropriate in light

of the nature of the offense and his character pursuant to Indiana Appellate

Rule 7(B). In considering an argument under Rule 7(B), we must “conduct

[this] review with substantial deference and give ‘due consideration’ to the trial

court’s decision—since the ‘principal role of [our] review is to attempt to leaven

the outliers,’ and not to achieve a perceived ‘correct’ sentence . . . .” Knapp v.

State, 9 N.E.3d 1274, 1292 (Ind. 2014) (quoting Chambers v. State, 989 N.E.2d

1257, 1259 (Ind. 2013)) (internal citations omitted).

[5] Redden was convicted of one Level 4 felony, for which he faced a term of two

to twelve years imprisonment. Ind. Code § 35-50-2-5.5. The trial court

imposed a nine-year term, which is above the advisory six-year term but less

than the maximum twelve-year term.

[6] As for the nature of the offense, Redden molested a twelve-year-old girl during

a sleepover at his house, in the presence of two other juveniles, resisting the

victim’s repeated attempts to pull away and end the encounter. We do not find

that the nature of the offense renders the sentence inappropriate.

[7] As for Redden’s character, while it is true that at the relatively young age of

nineteen he has not yet amassed an adult criminal history, he was adjudicated a

delinquent child for the crimes of felony theft and trespass. His first contact

with the criminal justice system was in 2008; since that time, he has been

arrested or charged with a criminal or status offense an additional six times. He

has spent time being placed in the Michiana Family and Children’s Center and

Court of Appeals of Indiana | Memorandum Decision 18A-CR-450 | October 25, 2018 Page 3 of 4 in the Pendleton Boys School. His psychosexual evaluation revealed that at the

age of six, he asked a girl to kiss his penis; at the age of nine, he was charged

with attempting to sexually molest a three-year-old girl; that he chose a three-

year-old because she would not be able to resist him; and that he was following

an antisocial pattern of behavior that would continue to escalate unless

checked. The evaluator concluded that Redden was “very much at risk of

continuing to get into further trouble and being a potential danger, particularly

to his peers and children even younger.” Conf. App. Vol. II p. 93.

[8] In sum, Redden has been exhibiting red flags for years. His delinquent

behavior as a juvenile continued into adulthood, when he pleaded guilty to

child molesting in his first year of adult life. He has participated with extensive

services and been given the tools to rehabilitate his behavior but has failed to

take advantage of those opportunities. Under these circumstances, we find that

the sentence imposed by the trial court is not inappropriate in light of the nature

of the offense and Redden’s character.

[9] The judgment of the trial court is affirmed.

May, J., and Robb, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-450 | October 25, 2018 Page 4 of 4