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

• Court: Indiana Court of Appeals
• Decided: December 15, 2017
• Docket: 34A02-1707-CR-1601
• Status: Published

Opinion

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

Court of Appeals of Indiana | Memorandum Decision 34A02-1707-CR-1601 | December 15, 2017 Page 1 of 4 [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

Court of Appeals of Indiana | Memorandum Decision 34A02-1707-CR-1601 | December 15, 2017 Page 2 of 4 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

Court of Appeals of Indiana | Memorandum Decision 34A02-1707-CR-1601 | December 15, 2017 Page 3 of 4 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.

Court of Appeals of Indiana | Memorandum Decision 34A02-1707-CR-1601 | December 15, 2017 Page 4 of 4