Shelton v. State, 031419 INCA, 18A-CR-1261

Docket Nº:18A-CR-1261
Opinion Judge:Vaidik, Chief Judge.
Party Name:Brooke D. Shelton, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
Attorney:Attorney for Appellant Cara Schaefer Wieneke Wieneke Law Office Brooklyn, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana
Judge Panel:Mathias, J., and Crone, J., concur.
Case Date:March 14, 2019
Court:Court of Appeals of Indiana
 
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Brooke D. Shelton, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff

No. 18A-CR-1261

Court of Appeals of Indiana

March 14, 2019

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.

Appeal from the Lawrence Superior Court Trial Court Cause No. 47D02-1710-F3-1590 The Honorable William G. Sleva, Judge

Attorney for Appellant Cara Schaefer Wieneke Wieneke Law Office Brooklyn, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Vaidik, Chief Judge.

Case Summary

[¶1] Brooke Shelton was convicted of Level 3 felony aggravated battery for stabbing a man with a knife. The trial court sentenced her to sixteen years, with thirteen years to serve and three years suspended to probation. Shelton appeals her sentence, arguing that it is inappropriate in light of the nature of her offense and her character. We disagree and affirm.

Facts and Procedural History

[¶2] In May 2016, Shelton started dating Rebecca Nunn. The two were still together when, in September 2017, Rebecca began seeing her neighbor, Matthew Lawson. Suffice it to say, Shelton and Matthew did not get along. In the early morning hours of October 17, 2017, Shelton went to Rebecca's house. Rebecca went outside to talk to Shelton on the front porch. While they were on the porch, Matthew left his house and walked toward Rebecca's house, leading to a violent altercation between Shelton and Matthew. Shelton stabbed Matthew in the back and the side, and Matthew inflicted various injuries on Shelton. The State charged Shelton with Level 3 felony aggravated battery and Level 5 felony battery with a deadly weapon but did not charge Matthew with a crime.

[¶3] A jury trial was scheduled for March 2018, and Shelton filed a notice that she intended to claim self-defense. At trial, the State presented evidence that as Matthew approached the porch Shelton "jumped up" from her seat and "lunged" at him with a knife in her hand, Tr. Vol. IV pp. 135-37, that Shelton stabbed Matthew in the back, and that Matthew fought back, resulting in the injuries to Shelton (and the stab...

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