MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Jun 07 2017, 5:44 am
court except for the purpose of establishing
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the defense of res judicata, collateral Indiana Supreme Court
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estoppel, or the law of the case. and Tax Court
ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Craig V. Braje Curtis T. Hill, Jr.
David K. Payne Attorney General of Indiana
Braje, Nelson & Janes, LLP
Jodi Kathryn Stein
Michigan City, Indiana Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Kaylin M. Reynolds, June 7, 2017
Appellant-Defendant, Court of Appeals Case No.
46A03-1609-CR-2139
v. Appeal from the LaPorte Circuit
Court
State of Indiana, The Honorable Thomas Alevizos,
Appellee-Plaintiff. Judge
Trial Court Cause No.
46C01-1511-F3-990
Robb, Judge.
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Case Summary and Issue
[1] Kaylin Reynolds pleaded guilty to neglect of a dependent resulting in serious
bodily injury, a Level 3 felony, and was sentenced to twelve years in the
Indiana Department of Correction. Reynolds appeals her sentence, contending
it is inappropriate in light of the nature of the offense and her character.
Concluding her sentence is not inappropriate, we affirm.
Facts and Procedural History
[2] On November 7, 2015, twenty-year-old Reynolds and her boyfriend, Coty
Sobolewski, were taking care of fourteen-month-old J.H. In their care, J.H.
sustained third-degree burns over her lower torso, legs, and genital area.
Reynolds and Sobolewski were immediately aware of J.H.’s injuries but did not
seek medical treatment. Reynolds attempted to apply cream to J.H.’s legs to
relieve the extreme pain.
[3] Three days later, Reynolds and Sobolewski sought the advice of their neighbor,
Lola Evans. Evans instructed them to immediately call 911 as J.H.’s breathing
was labored, her eyes were fixed, and she was drooling. Reynolds turned to
Sobolewski and said, “no, what if they think we hurt the baby or got the baby
high.” Transcript, Volume II at 23. After Evans threatened to call 911,
Reynolds decided to take J.H. to the hospital.
[4] At the hospital, J.H. was sedated, placed on a ventilator, and transported to the
burn unit at Loyola Medical Center in Chicago. J.H. also suffered from a blood
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infection and remained in the hospital for two months. J.H. suffered extreme
pain and her father has to apply medication to her legs twice daily to mitigate
any permanent scarring.
[5] The State charged Reynolds with neglect of a dependent resulting in serious
bodily injury, a Level 3 felony. On March 4, 2016, Reynolds pleaded guilty as
charged. At the sentencing hearing, the trial court noted the following
aggravating circumstances: 1) the victim was less than two years of age, 2)
Reynolds had a prior criminal history, and 3) Reynolds showed a lack of
remorse by attempting to place blame on Sobolewski. The only mitigating
circumstance found by the trial court was Reynolds’ plea of guilty. The trial
court sentenced Reynolds to twelve years in Department of Correction.
Reynolds now appeals.
Discussion and Decision
[6] Reynolds contends her twelve-year sentence is inappropriate in light of the
nature of her offense and her character. Indiana Rule of Appellate Procedure
7(B) gives appellate courts the authority to revise a defendant’s sentence 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.” The defendant bears the burden of persuading this court that
his or her sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080
(Ind. 2006). “[S]entencing is principally a discretionary function in which the
trial court’s judgment should receive considerable deference.” Cardwell v. State,
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895 N.E.2d 1219, 1222 (Ind. 2008). It is not for the reviewing court “to achieve
a perceived ‘correct’ result in each case,” but “[t]he principal role of appellate
review should be to attempt to leaven the outliers.” Id. at 1225. Whether we
regard a sentence as inappropriate turns on “the culpability of the defendant,
the severity of the crime, the damage done to others, and myriad other factors
that come to light in a given case.” Id. at 1224.
[7] The advisory sentence is the starting point the legislature has selected as an
appropriate sentence for the crime committed. Anglemyer v. State, 868 N.E.2d
482, 494 (Ind. 2007), clarified on reh’g, 875 N.E.2d 218 (Ind. 2007). Reynolds
pleaded guilty to neglect of a dependent resulting in serious bodily injury as a
Level 3 felony. See Ind. Code § 35-46-1-4(b)(2). The statutory sentencing range
for a Level 3 felony is three to sixteen years, with an advisory sentence of nine
years. Ind. Code § 35-50-2-5(b). Based upon its identification of several
aggravating factors, the trial court imposed a twelve-year sentence.
[8] As to the nature of the offense, Reynolds was placed in a position of trust and
care of a fourteen-month-old child. In her care, J.H. sustained third-degree
burns on approximately 23% of her body that went untreated for three days,
despite Reynolds’ awareness of the severity of the burns. When told that J.H.
needed immediate medical care, Reynolds first expressed her concern about
whether she would be found at fault and whether anyone would think she “got
[J.H.] high.” Tr., Vol. II at 23. In addition, J.H. has permanent scarring and
may have to have surgery on her legs.
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[9] As to Reynolds’ character, the trial court noted this is Reynolds’ second offense
against a child in her young life. In 2010, Reynolds was adjudicated a
delinquent for child molesting. Reynolds also has a conviction for conversion.
Aside from her limited, but significant criminal history, Reynolds’ reaction to
these events speak volumes. As noted above, Reynolds’ first reaction to being
informed J.H. needed medical care was concern for herself and whether she
would be deemed at fault or potentially be in trouble for drug use. Nothing
about Reynolds’ character persuades us her sentence requires revision.
Conclusion
[10] Reynolds’ sentence is not inappropriate in light of the nature of her offense and
her character, and we therefore affirm her sentence.
[11] Affirmed.
Vaidik, C.J., and Bailey, J., concur.
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