Light v. State

926 N.E.2d 1122, 2010 Ind. App. LEXIS 793, 2010 WL 1988139
CourtIndiana Court of Appeals
DecidedMay 19, 2010
Docket23A01-0912-CR-600
StatusPublished
Cited by6 cases

This text of 926 N.E.2d 1122 (Light v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Light v. State, 926 N.E.2d 1122, 2010 Ind. App. LEXIS 793, 2010 WL 1988139 (Ind. Ct. App. 2010).

Opinion

OPINION

BRADFORD, Judge.

Appellant-Defendant Samantha Light was convicted, pursuant to a guilty plea, of three counts of Class A felony Child Molesting 1 for which she received an aggregate sentence of 125 years in the Department of Correction. Upon appeal Light contends that her sentence is inappropriate in light of her character and the nature of her offenses. Concluding that Light's 125-year term does not fall outside a reasonable sentencing range and that enhanced consecutive sentences are not inappropriate under these facts, we reject Light's challenge to her sentence and affirm.

FACTS AND PROCEDURAL HISTORY

The facts of this case are especially repugnant. 2 On approximately September 13, 2008, Light had sexual intercourse with a six-year-old boy, C.C., while her boyfriend forced C.C. to perform oral sex on him. Light was twenty-five years old at the time, and C.C. was in her care and custody.

On December 4, 2008, Light performed oral sex on a one-year-old boy, W.H., while her boyfriend forced W.H.'s mouth on the boyfriend's penis and inserted his own penis into W.H.'s anus. WH., who cried throughout the ordeal, was under Light's care and control at the time.

On February 5, 2009, Light, while masturbating, licked the vaginal area of her. own two-month-old infant daughter, A.Q., who was in her care and custody. Light also caused A.Q. to suck Light's vaginal area. During this episode, A.Q. was also forced to suck Light's boyfriend's penis, and Light's boyfriend licked A.Q.'s vagina and placed his finger into A.Q.'s anus. Both Light and her boyfriend additionally used a vibrator on A.Q. Light's boyfriend is believed to be A.Q.'s father. Equally disturbing, Light's and her boyfriend's abhorrent acts were videotaped.

On March 6, 2009, the State charged Light with three counts of Class A felony child molesting (Counts 1-8). Count 1 related to Light's conduct with C.C., Count 2 related to Light's conduct with W.H., and Count 3 related to Light's conduct with A.Q. In addition, the State charged Light with one count of Class C felony child molesting and one count of Class C felony child exploitation (Counts 4-5).

On October 9, 2009, Light entered into a plea agreement whereby she agreed to plead guilty to Counts 1 through 3, and the State agreed to dismiss Counts 4 and 5. As an additional term of the plea agreement, the State agreed to make no sentencing recommendation to the trial court.

At a December 2, 2009 sentencing hearing, the trial court imposed consecutive sentences of forty years each on Counts 1 and 2 and forty-five years on Count 3, for an aggregate sentence of 125 years in the Department of Correction. In reaching this sentence, the trial court found as ag-gravators the very young age of the vie-tims; Light's violation of her position of trust with each victim; and the ongoing, rather than isolated, nature of Light's *1124 crimes. The trial court found as mitigating factors Light's guilty plea and her expression of remorse, to which the court attributed little weight, and her lack of a criminal history, to which the court attributed significant weight. The trial court ultimately concluded that the aggravators carried substantial weight and warranted enhanced, consecutive sentences. This appeal follows.

DISCUSSION AND DECISION

Upon appeal Light challenges her 125-year sentence by claiming that it is inappropriately harsh. Article VII, Sections 4 and 6 of the Indiana Constitution "'authorize[ ] independent appellate review and revision of a sentence imposed by the trial court."" Anglemyer v. State, 868 N.E.2d 482, 491 (Ind.2007) (quoting Childress v. State, 848 N.E.2d 1073, 1080 (Ind.2006) (emphasis and internal quotations omitted)). Such appellate authority is implemented through Indiana Appellate Rule 7(B), which provides that the "Court may revise a sentence authorized by statute if, after due consideration of the trial court's decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender." We exercise deference to a trial court's sentencing decision, both because Rule 7(B) requires that we give "due consideration" to that decision and because we recognize the unique perspective a trial court has when making sentencing decisions. Stewart v. State, 866 N.E.2d 858, 866 (Ind.Ct.App.2007). It is the defendant's burden to demonstrate that his sentence is inappropriate. Childress, 848 N.E.2d at 1080.

Light was convicted of three Class A felonies, each of which carries a sentencing range of from twenty to fifty years, with the advisory sentence being thirty years. See Ind.Code § 35-50-24 (2008).

Light concedes that her offenses are shocking in nature but suggests that the young age of the victims, who perhaps will not remember the events and may therefore suffer less psychological trauma, ameliorates the grave nature of her offenses. Of course, C.C. was six years old at the time, does remember the events in question, and is suffering ill effects as a result. In any event, we are unpersuaded that forced group sexual activity with young children and infants, by their own caretaker and/or mother, is somehow less depraved if the victims do not recall each excruciating detail for the rest of their lives. To the contrary, the young age of the victims, whose youth and vulnerability made them easy prey, highlights the depravity of Light's offenses and her lack of character in willingly engaging in such unthinkable acts.

Light points to her remorse and clean criminal history and suggests that her acts were more a reflection of her abusive boyfriend's influence than of her lack of moral character. According to Light, this boyfriend caused her to commit the acts by placing her in fear for her life and the lives of "countless children in the world." Tr. p. 26. Significantly, Light does not dispute that the events in question were videotaped and that she appeared to be "happy" and "enjoying" herself as she participated. Tr. p. 25. Further, the record contains no expert evidence linking Light's acts to battered women's syndrome or its equivalent, and the trial court viewed Light's argument on this point as an effort to escape blame rather than a deep expression of remorse. Given this record, we are convinced that Light's actions are attributable to her alone and, regardless of criminal history, demonstrate her total lack of moral character. Indeed, we are unable to see how Light's alleged fear of potential harm to herself and to the "children in the *1125 world" explains her decision to inflict certain harm upon her own innocent child and wards.

To the extent Light suggests that her willingness to plead guilty serves to redeem her character, we cannot agree. 3

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Bluebook (online)
926 N.E.2d 1122, 2010 Ind. App. LEXIS 793, 2010 WL 1988139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/light-v-state-indctapp-2010.