Terence L. Riley v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: August 9, 2019
• Docket: 19A-CR-659
• 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 Aug 09 2019, 9:03 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 Thomas C. Allen Curtis T. Hill, Jr. Fort Wayne, Indiana Attorney General of Indiana Megan M. Smith Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Terence L. Riley, August 9, 2019 Appellant-Defendant, Court of Appeals Case No. 19A-CR-659 v. Appeal from the Allen Superior Court State of Indiana, The Honorable Frances C. Gull, Appellee-Plaintiff Judge Trial Court Cause No. 02D05-1712-F5-344

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 1 of 4 [1] Terence Riley appeals the sentence imposed by the trial court after Riley was

convicted of Level 5 felony domestic battery, arguing 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] In July 2016, Riley battered his wife, Barbara Harris, punching her in the face

multiple times. He was convicted of domestic battery in Steuben County for

that incident.

[3] In October 2017, Riley was still on probation for the domestic battery

conviction. On October 9, 2017, Riley initiated an argument with Harris. He

punched her repeatedly in the face. Scared, Harris ran into a bathroom and

locked the door. He followed her and kicked down the door. With blood

running down her face and a swollen eye, Harris begged Riley to let her go to

the hospital. After she promised that she would not call the police, he allowed

her to leave and she drove herself to the hospital. She received five stitches in

her forehead and was treated for bruising on her cheek and a sprain of her bicep

tendon. The laceration on her forehead could still be seen at the time of Riley’s

trial and is likely permanent.

[4] On December 1, 2017, the State charged Riley with Level 5 felony domestic

battery, Level 6 felony domestic battery resulting in moderate bodily injury, and

Level 6 felony domestic battery with a prior unrelated conviction. 1 While the

1 The State later dismissed the charge for domestic battery with a prior unrelated conviction.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 2 of 4 charges were pending, Riley encouraged Harris not to cooperate with the

prosecutor’s office, telling her that if she refused to cooperate, the case would

get dismissed. Riley’s jury trial took place on February 5-6, 2019. The jury

found Riley guilty as charged and the trial court vacated the Level 6 felony

conviction on double jeopardy grounds. On March 13, 2019, the trial court

sentenced Riley to six years in the Department of Correction. Riley now

appeals.

[5] Riley’s sole argument on appeal is that the sentence is inappropriate in light of

the nature of the offenses and his character pursuant to Indiana Appellate 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). For a Level 5 felony conviction, Riley faced a possible

sentence of one to six years imprisonment, with an advisory term of three years.

Ind. Code § 35-50-2-6(b). The trial court imposed a maximum six-year term.

[6] With respect to the nature of the offense, Riley battered his wife, striking her

with such force that she needed five stitches in her forehead and had injuries to

her cheek and arm. The scarring as a result of the laceration in her forehead

may be permanent. He refused to let her go to the hospital until she promised

not to call the police.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 3 of 4 [7] With respect to Riley’s character, we note that he has a significant criminal

history. He has been convicted three times of battery, twice of dealing in

cocaine or a narcotic drug, once of possession with intent to distribute cocaine

base “crack,” and once of operating while intoxicated. He has had many

chances to reflect on his behavior and change his ways, including shorter

sentences, longer sentences, time with the Center for Nonviolence, residential

placement, and the Alcohol Countermeasure Program. He has had suspended

sentences revoked twice, placements modified twice, and a federal sentence

modified twice. He was on probation for the same offense—battering his

wife—when he committed the very same act in this case. As soon as he

battered her, his first thought was of himself, and he began trying to convince

her not to call the police. After the State filed charges, he continued to

manipulate the situation by encouraging her not to cooperate with the

prosecutor’s office. He has never shown remorse or accepted any responsibility

for his actions. Given this record, we find that the sentence imposed by the trial

court was not inappropriate in light of the nature of the offense or his character.

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

Kirsch, J., and Crone, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 4 of 4