Morrell v. State
Decision Date | 21 March 2019 |
Docket Number | Court of Appeals Case No. 18A-CR-1282 |
Citation | 121 N.E.3d 577 |
Parties | Shawn P. MORRELL, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
Court | Indiana Appellate Court |
Attorney for Appellant: Brian A. Karle, Ball Eggleston, PC, Lafayette, Indiana
Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Caroline G. Templeton, Deputy Attorney General, Indianapolis, Indiana
[1] Shawn P. Morrell appealed from the sentence imposed by the trial court after his conviction of one count of domestic battery. We affirmed the trial court's decision in a memorandum decision, and later granted Morrell's request for publication of the opinion. Morrell v. State , 18A-CR-1282, 118 N.E.3d 793, 800, 2019 WL 238136, slip op. at *6 (Ind. Ct. App. January 17, 2019). Morrell now petitions for rehearing, contending that this Court's opinion did not address clearly the issue involving the use of nonadjudicated juvenile contacts as an aggravating circumstance. On reflection, we agree and grant the petition for the sole purpose of clarifying the disposition of that issue.
[2] In our original opinion, we addressed Morrell's argument that the trial court had abused its discretion by considering his juvenile history as an aggravating circumstance. He had argued that the trial court should not have included in his criminal history aggravator any juvenile contacts with the justice system not resulting in an adjudication. We agree.
[3] During the trial court's oral sentencing statement, the court set forth the following as the first aggravating circumstance:
Conviction having been entered against Shawn Patrick Morrell on Count 1, Domestic battery, a level 5 felony the court now finds that an aggravating circumstance is the defendant's criminal history. The court notes three juvenile adjudications, two other juvenile contacts, three felony convictions, two misdemeanor convictions. Seven cases which have unknown disposition. At least one failure to appear and two pending petitions to revoke probation.
[4] In Day v. State , Chief Justice Shepard, writing for the majority, stated as follows:
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Belcher v. State, Court of Appeals Case No. 19A-CR-830
...for an abuse of discretion. Morrell v. State , 118 N.E.3d 793, 796 (Ind. Ct. App. 2019), clarified on reh'g on other grounds , 121 N.E.3d 577 (Ind. Ct. App. 2019), trans. denied . "An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circums......