MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
regarded as precedent or cited before any FILED
court except for the purpose of establishing
Sep 25 2018, 9:24 am
the defense of res judicata, collateral
estoppel, or the law of the case. CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
P. Jeffrey Schlesinger Curtis T. Hill, Jr.
Appellate Division of the Office of the Attorney General of Indiana
Public Defender
Crown Point, Indiana George P. Sherman
Supervising Deputy Attorney
General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Searcy T. Boyd Jr., September 25, 2018
Appellant-Defendant, Court of Appeals Case No.
18A-CR-1108
v. Appeal from the Lake Superior
Court
State of Indiana, The Honorable Diane Ross
Appellee-Plaintiff. Boswell, Judge
Trial Court Cause No.
45G03-1606-MR-4
Bradford, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1108 | September 25, 2018 Page 1 of 8
Case Summary
[1] In March of 2016, Searcy T. Boyd Jr. shot and killed Craig Hatten. Boyd
subsequently pled guilty to Level 2 felony voluntary manslaughter and was
sentenced to a twenty-five-year term of imprisonment. Boyd challenges his
sentence on appeal. First, he contends that the trial court abused its discretion
by failing to find certain mitigating factors. Second, he contends that his
twenty-five-year sentence is inappropriate in light of the nature of his offense
and his character. We affirm.
Facts and Procedural History
[2] On March 14, 2016, Boyd was staying at a home in Hammond with his sister,
Shaquanna Boyd. That evening, Hatten, Michelle Miller, and Carlus Carter
came to the home and the group visited, played cards, and drank alcohol
together. As the evening drew to a close, tension grew between Miller and
Shaquanna. Miller and Shaquanna got into a verbal argument on the sidewalk
outside the home as Miller, Hatten, and Carter prepared to leave. Boyd was
standing on the front porch of the home at the time of the argument. At some
point, Hatten attempted to intervene in the fight between Miller and
Shaquanna. As he did so, Boyd drew and fired a 9mm handgun. The bullet
from Boyd’s handgun struck Hatten in the stomach, causing Hatten to suffer
severe internal bleeding. Hatten later died.
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[3] On June 24, 2016, the State charged Boyd with murder and Level 4 felony
unlawful possession of a firearm by a serious violent felon. On February 8,
2018, Boyd and the State entered into a plea agreement. Pursuant to the terms
of the agreement, the State amended the charging information to include a
Level 2 felony voluntary manslaughter charge, Boyd pled guilty to this charge,
the State dismissed the murder and firearm possession charges, and sentencing
was left to the discretion of the trial court. Following a hearing, the trial court
accepted Boyd’s guilty plea, entered judgment of conviction on the Level 2
felony voluntary manslaughter charge, and sentenced Boyd to a twenty-five-
year term of imprisonment.
Discussion and Decision
I. Abuse of Discretion
[4] Boyd contends that the trial court abused its discretion in sentencing him.
Sentencing decisions rest within the sound discretion of the trial court and are
reviewed on appeal only for an abuse of discretion. Anglemyer v. State, 868
N.E.2d 482, 490 (Ind. 2007), modified on other grounds on reh’g, 875 N.E.2d 218
(Ind. 2007). “An abuse of discretion occurs if the decision is clearly against the
logic and effect of the facts and circumstances before the court, or the
reasonable, probable, and actual deductions to be drawn therefrom.” Id.
(quotation omitted). One way in which a trial court may abuse its discretion is
to enter a sentencing statement that omits aggravating or mitigating factors that
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are “clearly supported by the record and advanced for consideration[.]” Id. at
491.
[5] In challenging the trial court’s sentencing order, Boyd claims that the trial court
abused its discretion by failing to find certain mitigating factors. The finding of
mitigating factors is discretionary with the trial court. Fugate v. State, 608
N.E.2d 1370, 1374 (Ind. 1993). The trial court “need not consider, and we will
not remand for reconsideration of, alleged mitigating factors that are highly
disputable in nature, weight, or significance.” Newsome v. State, 797 N.E.2d
293, 301 (Ind. Ct. App. 2003), trans. denied. Likewise, the trial court is not
required to weigh or credit the mitigating evidence the way an appellant
suggests it should be credited or weighed. Fugate, 608 N.E.2d at 1374. If the
trial court does not find the existence of a mitigating factor after it has been
argued by counsel, the trial court is not obligated to explain why it has found
that the factor does not exist. Id.
A. Guilty Plea
[6] Boyd claims that the trial court should have found his guilty plea to be a
significant mitigating factor. We have previously held that a guilty plea does
not automatically amount to a significant mitigating factor. Wells v. State, 836
N.E.2d 475, 479 (Ind. Ct. App. 2005), trans. denied. “For instance, a guilty plea
does not rise to the level of significant mitigation where the defendant has
received a substantial benefit from the plea or where the evidence against him is
such that the decision to plead guilty is merely a pragmatic one.” Id.
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[7] In this case, Boyd’s decision to plead guilty seems to be a pragmatic decision as
he received a substantial benefit and there was overwhelming evidence of his
guilt. Boyd benefitted from reduced criminal exposure and a potentially
reduced period of incarceration as the State agreed to dismiss the murder and
the Level 4 felony firearm possession charges in exchange for his plea. See Ind.
Code § 35-50-2-3(a) (providing that a person convicted of murder shall be
imprisoned for up to sixty-five years); Ind. Code § 35-50-2-5.5 (providing that a
person convicted of a Level 4 felony shall be imprisoned for up to twelve years).
A Level 2 felony, i.e., the level of crime to which Boyd pled guilty, has a
sentencing range “between ten (10) and thirty (30) years.” Ind. Code § 35-50-2-
4.5. The trial court sentenced Boyd to a twenty-five-year term, far less than the
maximum seventy-seven-year term that he could have faced if found guilty of
the charged offenses at trial. In addition, Boyd shot Hatten without
provocation in front of numerous witnesses, all of whom seemingly would have
been available to testify against him at trial. Boyd has failed to demonstrate
that his guilty plea warranted significant mitigating weight.
B. Remorse
[8] Boyd also claims that the trial court should have found his remorse to be a
significant mitigating factor. Substantial deference must be given to a trial
court’s evaluation of remorse. Corralez v. State, 815 N.E.2d 1023, 1025 (Ind. Ct.
App. 2004). “The trial court, which has the ability to directly observe the
defendant and listen to the tenor of his or her voice, is in the best position to
determine whether the remorse is genuine.” Id. Stated differently, “[r]emorse,
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or lack thereof, by a defendant is something better guarded by a trial judge who
views and hears a defendant’s apology and demeanor first hand and determines
the defendant’s credibility.” Sharkey v. State, 967 N.E.2d 1074, 1079 (Ind. Ct.
App. 2012) (internal quotation omitted).
[9] In expressing remorse, Boyd indicated that he regretted both the impact that the
shooting had on the victim’s family and on him, saying “I just hope this doesn’t
cost me my life.” Tr. Vol. II, p. 40. He also seemingly attempted to downplay
his actions by suggesting that he had acted in self-defense1 and indicating that
while he had made mistakes, “[n]obody is perfect.” Tr. Vol. II, p. 40. Given
that the trial court was in the best position to determine whether Boyd’s claimed
remorse was genuine, we conclude that Boyd has failed to demonstrate that his
alleged remorse warranted significant mitigating weight.
C. Employment
[10] Boyd last claims that the trial court should have found the fact that he had
worked regularly to be a significant mitigating factor. However, as we
concluded in Newsome, the fact that Boyd has been steadily employed “need not
have been given the same significance by the trial court as [he] would have it
give.” 797 N.E.2d at 301. “Many people are gainfully employed such that this
1
The trial court questioned counsel after Boyd claimed to have acted in self-defense. Defense counsel
indicated that he “obviously evaluated the evidence” to see whether Boyd could plausibly raise a claim of
self-defense. Tr. Vol. II, p. 41. The deputy prosecutor added that the stipulated factual basis demonstrated
“that this is not a legitimate case of self-defense.” Tr. Vol. II, p. 41.
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would not require the trial court to note it as a mitigating factor or afford it the
same weight” as Boyd proposes. Id. Boyd has failed to demonstrate that his
employment warranted significant mitigating weight.
II. Appropriateness of Sentence
[11] Boyd also contends that his twenty-five-year sentence is inappropriate in light of
the nature of his offense and his character. Indiana Appellate Rule 7(B)
provides that “The Court may revise a sentence authorized by statute 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.” In analyzing such claims, we “concentrate less on comparing the
facts of [the case at issue] to others, whether real or hypothetical, and more on
focusing on the nature, extent, and depravity of the offense for which the
defendant is being sentenced, and what it reveals about the defendant’s
character.” Paul v. State, 888 N.E.2d 818, 825 (Ind. Ct. App. 2008) (internal
quotation omitted). The defendant bears the burden of persuading us that his
sentence is inappropriate. Sanchez v. State, 891 N.E.2d 174, 176 (Ind. Ct. App.
2008).
[12] The nature of Boyd’s offense is unquestionably serious. He escalated a verbal
fight between two other individuals by pulling out and shooting his gun. In
doing so, Boyd took the life of a fellow human being. We agree with the State
that the circumstances surrounding the altercation “indicate that the killing of
the victim was an utterly senseless crime.” Appellee’s Br. p. 12.
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[13] As for his character, the record reveals that Boyd had previously been convicted
of battery, resisting a peace officer, and felony armed robbery. He was on
parole for the armed robbery conviction when he shot and killed Hatten. In
addition, Boyd has previously shown a lack of concern for the well-being of
others as he has been arrested for domestic battery and resisting a peace officer.
See Rutherford v. State, 866 N.E.2d 867, 874 (Ind. Ct. App. 2007) (“[A]lthough a
record of arrests by itself is not evidence of a defendant’s criminal history, it is
appropriate to consider such a record as a poor reflection on the defendant’s
character, because it may reveal that he or she has not been deterred even after
having been subjected to the police authority of the State.”). Boyd was not
deterred by his prior convictions or arrests and again displayed a gross lack of
concern for the well-being of others when he shot Hatten. Boyd has failed to
convince us that his twenty-five-year sentence is inappropriate.
[14] The judgment of the trial court is affirmed.
Bailey, J., and Mathias, J., concur.
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