Scheckel v. State

620 N.E.2d 681, 1993 Ind. LEXIS 117, 1993 WL 328069
CourtIndiana Supreme Court
DecidedAugust 31, 1993
Docket67S00-9211-CR-923
StatusPublished
Cited by43 cases

This text of 620 N.E.2d 681 (Scheckel v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scheckel v. State, 620 N.E.2d 681, 1993 Ind. LEXIS 117, 1993 WL 328069 (Ind. 1993).

Opinions

DICKSON, Justice.

This direct appeal challenges the trial court's imposition of an enhanced 60-year sentence for class A felony murder. Defendant-appellant Matt Scheckel presents various issues, which we restate as follows: (1) whether the 60-year sentence was based upon unsupported or improper aggravating cireumstances, (2) whether the trial court misunderstood the range of available sentences, (8) whether the trial court failed to consider mitigating circumstances supported by the record, and (4) whether the sentence is manifestly unreasonable. Because of our resolution of the other issues, the issue of overall sentence reasonableness will not be addressed.

The offense of murder carries a presumptive 40-year sentence, with not more than 20 years added for aggravating circumstances or not more than 10 years subtracted for mitigating circumstances. Ind. Code § 35-50-2-38. The trial judge, pursu[683]*683ant to the statutory criteria for sentencing under Ind.Code § 35-38-1-7.1(b), identified eight aggravating circumstances, found no mitigating cireumstances, and added 20 years to the presumptive 40-year statutory sentence for murder. The sentencing order identified the following as aggravating circumstances:

(1) There is a prior criminal history that consists of alcohol abuse. A Wells County conviction in cause number 90D01-9006-CM-2329, for Driving Under the Influence of Alcohol. The court notes that the defendant was charged with four counts and convicted of Driving Under the Influence of Alcohol. Another con-viection in Adams County, cause number 01D01-9005-CM-137, wherein the defendant was charged with nine counts and convicted of three counts, Count II, Operating a Vehicle While Intoxicated as a misdemeanor, Count IV, Reckless Driving, and Count III, a crime of violence, Resisting Law Enforcement.
(2) That the defendant was on probation at the time of the crime committed.
(3) The Court does not know whether or not the defendant had a grudge against the victim in this matter, but it's clear that the defendant was slapped in the face earlier in the evening on the night that the crime was committed.
(4) The Court finds that the victim was in a physically or mentally infirm state in that he was asleep at 3:00 a.m. and had a blood alcohol content of .18 percent.
(5) The Court finds that the facts of the crime are particularly heinous in that the victim was repeatedly stabbed eleven times by the defendant. That is an act of extreme violence.
(6) The defendant threw the murder weapon into the quarry to attempt to hide evidence of his guilt. The defendant later threw the nightstick and bloody pants into a creek to try to hide evidence of his guilt.
(7) That the defendant, when he abuses alcohol, can become violent, and this alcohol abuse and violence runs in his family in that his father was killed in a bar room fight and his father was an ac knowledged alcoholic.
(8) The court finds that the defendant is in need of correctional or rehabilitative treatment that can best be found in a penal facility and the court further finds that there were prior attempts at rehabilitation of this defendant that have failed.

Record at 166-67.

1. Aggravating Circumstances

The defendant asserts that the trial court erroneously considered, as part of his criminal history, prior charges which did not result in conviction. A record of arrest, without more, does not establish the historical fact that a defendant committed a criminal offense and may not be properly considered as evidence of prior criminal history. Tunstill v. State (1991), Ind., 568 N.E.2d 539, 544. However, a record of arrests, particularly a lengthy one, may reveal that a defendant has not been deterred even after having been subject to the police authority of the State. Id. at 545. Such information may be relevant to the Court's assessment of the defendant's character in terms of the risk that he will commit another crime. Id. In its discussion of prior criminal history, the trial court's sentencing statement mentions charged offenses only in the context of multiple charges leading to convictions upon one or more of the charged counts. The trial court's finding of prior eriminal history does not rely upon mere arrests or charged offenses without convictions.

The defendant contends that the trial court improperly characterized resisting law enforcement, a charge to which he entered a guilty plea, as a "crime of violence." He correctly points out that while there are two elements of Ind.Code § 85-44-38-83 which establish that resisting law enforcement involves the use of force, a third component of the statute defines resisting law enforcement as fleeing from a law enforcement officer after the officer has, by visible or audible means, identified himself and ordered the person to stop. Ind.Code § 385-44-3-8(a)(8). Thus, to the extent that resisting law enforcement does [684]*684not necessarily require the application of force, the trial court was, in the absence of further underlying factual detail, potential ly inaccurate in characterizing the defendant's conviction for resisting law enforcement as a violent crime. However, regardless of the possible non-violent nature of the defendant's conduct in resisting law enforcement, the trial court did properly recognize the conviction as evidence of pri- or criminal activity to support an aggravating cireumstance for imposition of an enhanced sentence.

The defendant contends that the trial court erroneously found that "the victim was in a physically or mentally infirm state in that he was asleep at 3:00 a.m. and had a blood aleohol content of .18 percent." The State concedes that "the record presented on appeal does not contain any reference to the victim's blood alcohol content...." Brief of Appellee at 6. As to the victim's state of sleep, the defendant burst into the victim's motel room during early morning hours when the victim may have been asleep prior to the entry commotion. Thereafter, however, the defendant and the victim engaged in a scuffle, demonstrating that the victim was not asleep when the murder occurred. Record at 152-58. Because the evidence fails to support the trial court's finding that the victim was in a mentally or physically infirm state due to sleep or blood alcohol content, it was error to find an aggravating circumstance under Ind.Code § 85-88-1-7.1(b)(6).

The defendant argues that the trial court's finding as an aggravating circumstance that "the defendant was slapped in the face earlier in the evening on the night that the crime was committed" could be interpreted as a mitigating rather than an aggravating circumstance.

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Bluebook (online)
620 N.E.2d 681, 1993 Ind. LEXIS 117, 1993 WL 328069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheckel-v-state-ind-1993.