MEMORANDUM DECISION
Jul 08 2015, 7:46 am
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Chad A. Montgomery Gregory F. Zoeller
Montgomery Law Office Attorney General of Indiana
Lafayette, Indiana
Kelly A. Miklos
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Christopher J. Wilson, July 8, 2015
Appellant-Defendant, Court of Appeals Case No.
79A02-1411-CR-791
v. Appeal from the
Tippecanoe Superior Court
State of Indiana, The Honorable Randy J. Williams,
Judge
Appellee-Plaintiff.
Cause No. 79D01-1405-FB-10
Kirsch, Judge.
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[1] Christopher J. Wilson pleaded guilty to sexual misconduct with a minor1 as a
Class B felony and was sentenced to thirteen years with nine years executed and
four years suspended to probation. He appeals his sentence raising the
following issue for our review: whether his sentence is inappropriate in light of
the nature of the offense and the character of the offender.
[2] We affirm.
Facts and Procedural History
[3] On Easter Sunday, April 20, 2014, Wilson was at the home of his girlfriend for
a birthday party for her fifteen-year-old daughter, S.A. Wilson attended the
birthday party with the intention of drinking alcohol and smoking marijuana.
Wilson knew S.A. and was aware she was fifteen at the time. During the party,
Wilson repeatedly approached S.A. and asked her to give him oral sex. S.A.
refused several times. Wilson continued to ask S.A., and she eventually
acquiesced to Wilson’s repeated demands. At that time, S.A. placed her mouth
on Wilson’s penis, and Wilson received oral sex from S.A. S.A. did not like
what happened and did not want to ever see or speak to Wilson again.
[4] S.A.’s grandmother walked into the room and discovered Wilson and S.A.
together. After discovering Wilson and S.A., the grandmother kicked Wilson
1
See Ind. Code § 35-42-4-9(a)(1). We note that, effective July 1, 2014, a new version of this criminal statute
was enacted. Because Wilson committed his crime prior to July 1, 2014, we will apply the statute in effect at
the time he committed his crime.
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out of the house. Sometime after this date, Wilson sent S.A. Facebook
messages telling her that “her mouth felt good” and that he “would have taken
her virginity if she had let him.” Appellant’s App. at 7.
[5] The State charged Wilson with sexual misconduct with a minor as a Class B
felony. Wilson agreed to plead guilty as charged in exchange for the State not
filing a petition to revoke his probation, as he was on probation at the time he
committed the instant offense. The State also agreed that Wilson’s executed
sentence would be between six and ten years. At the sentencing hearing, the
trial court found as aggravating circumstances Wilson’s criminal history, that
previous attempts at rehabilitation have failed, and Wilson’s history of
substance abuse. It also found as mitigating circumstances that Wilson pleaded
guilty, that he has family support, and that he had taken advantage of programs
offered in jail. The trial court found that the aggravating factors outweighed the
mitigating factors and sentenced Wilson to thirteen years with nine years
executed and four years suspended to probation with the first year of probation
to be served through community corrections. Wilson now appeals.
Discussion and Decision
[6] Under Indiana Appellate Rule 7(B), “we may revise any sentence authorized by
statute if we deem it to be inappropriate in light of the nature of the offense and
the character of the offender.” Corbally v. State, 5 N.E.3d 463, 471 (Ind. Ct.
App. 2014). The question under Appellate Rule 7(B) is not whether another
sentence is more appropriate; rather, the question is whether the sentence
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imposed is inappropriate. King v. State, 894 N.E.2d 265, 268 (Ind. Ct. App.
2008). It is the defendant’s burden on appeal to persuade the reviewing court
that the sentence imposed by the trial court is inappropriate. Chappell v. State,
966 N.E.2d 124, 133 (Ind. Ct. App. 2012), trans. denied.
[7] Wilson argues that his sentence is inappropriate in light of the nature of the
offense and the character of the offender. However, interspersed in Wilson’s
argument are contentions regarding the trial court’s finding of aggravating
circumstances and mitigating circumstances. It appears that he is arguing that
some of the aggravators and mitigators were found in error, although he never
asserts that the trial court abused its discretion in sentencing him. Our Supreme
Court has made clear that inappropriate sentence and abuse of discretion claims
are to be analyzed separately. Anglemyer v. State, 868 N.E.2d 482, 491 (Ind.
2007), clarified on reh’g, 875 N.E.2d 218 (Ind. 2007). We, therefore, take this
opportunity to clarify again that an inappropriate sentence analysis does not
involve an argument that the trial court abused its discretion in sentencing the
defendant.
[8] As to the nature of the offense, Wilson, while attending the birthday party of his
girlfriend’s fifteen-year-old daughter, repeatedly asked S.A. to perform oral sex
on him. S.A. eventually acquiesced, and Wilson assaulted her in her own
home by placing his penis in S.A.’s mouth. After this occurred, S.A. did not
want to see or speak to Wilson again, but he began sending her messages on
Facebook, telling her that “her mouth felt good” and that he “would have taken
her virginity if she had let him.” Appellant’s App. at 7.
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[9] As to Wilson’s character, although he was only twenty-two at the time of
sentencing, he had an extensive criminal history. Wilson had numerous
adjudications as a juvenile, which included possession of controlled substance,
which would have been a Class D felony if committed by an adult, auto theft,
being a runaway, and two counts of escape. As a juvenile, Wilson cut off his
electronic monitoring bracelet when on home detention awaiting disposition in
an adjudication. As an adult, Wilson’s criminal history consisted of a
conviction for robbery, two convictions for criminal conversion, and a
conviction for possession of paraphernalia. Wilson’s probation had been
revoked at least three times as an adult, and he had failed to successfully
complete probation in any of his previous cases. He was also on probation at
the time he committed the instant offense. We do not find Wilson’s thirteen-
year sentence, with nine years executed and four years suspended to probation
for Class B felony sexual misconduct with a minor to be inappropriate in light
of the nature of the offense and the character of the defendant.
[10] Affirmed.
Vaidik, C.J., and Bradford, J., concur.
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