MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
FILED
regarded as precedent or cited before any Aug 01 2018, 8:37 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Timothy P. Broden Curtis T. Hill, Jr.
Lafayette, Indiana Attorney General of Indiana
Michael Gene Worden
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Gregory B. Kimbrough, August 1, 2018
Appellant-Defendant, Court of Appeals Case No.
18A-CR-470
v. Appeal from the Tippecanoe
Superior Court
State of Indiana, The Honorable Steven P. Meyer,
Appellee-Plaintiff Judge
Trial Court Cause No.
79D02-1709-F5-129
Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-470 | August 1, 2018 Page 1 of 5
[1] Gregory Kimbrough appeals the sentence he received after pleading guilty to
Level 6 felony domestic battery and Class A misdemeanor invasion of privacy,
arguing that the sentence is inappropriate in light of the nature of the offenses
and his character. Finding no error, we affirm.
[2] On September 23, 2017, Kimbrough was with his wife at an apartment in
Lafayette. Their two children, who were under the age of sixteen, were also
present in the apartment. A protective order was in place at the time that
prohibited Kimbrough from having contact with his wife. At some point,
Kimbrough and his wife got into an argument, and his wife started to leave the
apartment when Kimbrough grabbed her by the neck and tried to pull her back
inside.
[3] On September 28, 2017, the State charged Kimbrough with Level 5 felony
domestic battery, Level 6 felony domestic battery, Level 6 criminal
confinement, Class A misdemeanor domestic battery, and Class A
misdemeanor invasion of privacy. On January 12, 2018, Kimbrough pleaded
guilty to Level 6 felony domestic battery and Class A misdemeanor invasion of
privacy in exchange for the dismissal of the other charges and another pending
case.
[4] On January 24, 2018, Kimbrough filed a statement of sentencing
considerations, which included the results of a neuropsychological evaluation.
The evaluation stated that Kimbrough suffers from severe mental health issues,
including paranoid schizophrenia and psychotic symptoms, but that he has
Court of Appeals of Indiana | Memorandum Decision 18A-CR-470 | August 1, 2018 Page 2 of 5
refused treatment for these problems because he did not like the medications
involved. It also stated that he has poor control over anger and aggression.
[5] A sentencing hearing took place on January 25, 2018. During the hearing,
Kimbrough testified about the physical and mental impact that he has suffered
following a work accident that included him being electrocuted. Kimbrough’s
wife testified that Kimbrough is a wonderful husband and father but that he has
not been willing to address his mental health problems, which overshadow their
relationship. She also testified that she was the victim of Kimbrough’s prior
strangulation conviction, blaming Kimbrough’s mental health issues and stating
that he would continue to have problems with the criminal justice system if he
did not receive help for those issues.
[6] The trial court found that Kimbrough’s mental health constituted a mitigating
circumstance, but was far outweighed by the aggravating circumstance of his
prior criminal history and probation violations. The trial court sentenced him
to concurrent terms of two and one-half years for the domestic battery
conviction and one year for the invasion of privacy conviction, for an aggregate
sentence of two and one-half years’ imprisonment, with six months suspended
to probation.
[7] Kimbrough’s sole argument on appeal is that his sentence is inappropriate in
light of the nature of the offenses and his character pursuant to Indiana
Appellate Rule 7(B). In considering an argument under Rule 7(B), we must
“conduct [this] review with substantial deference and give ‘due consideration’
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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).
[8] Kimbrough was convicted of Level 6 felony domestic battery. For this
conviction, he faced a sentence of six months to two and one-half years, with an
advisory sentence of one year. Ind. Code § 35-50-2-7(b). The trial court
imposed a maximum sentence of two and one-half years. Kimbrough was also
convicted of Class A misdemeanor invasion of privacy. For this conviction, he
faced a sentence of up to one year. I.C. § 35-50-3-2. The trial court imposed a
maximum sentence of one year. The trial court ordered the sentences to run
concurrently, for an aggregate term of two and one-half years, with six months
suspended to probation.
[9] With respect to the nature of the offenses, Kimbrough engaged in an argument
with his wife, in the presence of their young children, when his wife tried to
leave the apartment. Kimbrough grabbed her by the neck and prevented her
from leaving. He did this in violation of a protective order.
[10] With respect to Kimbrough’s character, Kimbrough has a long history with the
criminal justice system. He has multiple felony convictions, including domestic
battery, and multiple misdemeanors. He has violated probation numerous
times, and he was on probation when he committed the instant offenses. He
Court of Appeals of Indiana | Memorandum Decision 18A-CR-470 | August 1, 2018 Page 4 of 5
has previously violated the protective order. Kimbrough also has a history of
using illegal substances. Kimbrough contends that his decision to plead guilty
and his mental health issues should mitigate problems with his character. Yet
Kimbrough has refused appropriate treatment for them, and nothing in the
record indicates that he would make a serious attempt at treatment now. The
trial court found that Kimbrough’s mental health issues, coupled with his
criminal record, make him a dangerous individual.
[11] Under these circumstances, we find that the sentence imposed by the trial court
is not inappropriate in light of the nature of the offenses and Kimbrough’s
character.
[12] The judgment of the trial court is affirmed.
May, J., and Robb, J., concur.
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