Steele v. State, 20S00-9004-CR-254
| Decision Date | 12 April 1991 |
| Docket Number | No. 20S00-9004-CR-254,20S00-9004-CR-254 |
| Citation | 569 N.E.2d 652 |
| Parties | Michael R. STEELE, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Thomas A. Murto, Murto & Holbrook, Goshen, for appellant.
Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee.
On August 3, 1989, appellant filed a plea agreement wherein he pled guilty to Count I, Murder, a Class A felony, and Count II, Attempted Murder. On August 31, 1989, the trial court sentenced appellant on Count I to a term of sixty (60) years and on Count II to a term of fifty (50) years, with the sentences to be served consecutively. Appellant appeals the trial court's sentencing.
The facts are: On November 2, 1988, appellant purchased a watch from Newcomer's Jewelry Store in Nappanee, Indiana with a fraudulent check. Mr. Newcomer informed the police and told them appellant indicated he would return the next day to purchase a ring.
On November 3, 1988, appellant telephoned Newcomer and indicated he would be at the store shortly. Newcomer then alerted the police. While appellant was in the store, Officer Nine entered the back door and informed appellant to put his hands on the counter, which appellant refused to do. Instead, he approached Officer Nine and attacked him. In the process of doing so, appellant obtained Officer Nine's gun and held both Newcomer and Officer Nine at gunpoint. Appellant struck Newcomer over the head with the gun and then turned to Officer Nine and shot him.
As appellant was about to flee, he encountered Officer Hochstetler and shots were fired. Appellant was shot in the jaw and was apprehended. Officer Nine died as a result of his injuries.
Appellant was charged with the murder of Officer Nine and the death sentence was requested. On August 3, 1989, appellant entered a plea whereby he would plead guilty to murder and attempted murder in exchange for the State dropping the death penalty request. A hearing was held on the guilty plea and appellant was advised and questioned concerning his understanding of the plea. The trial court accepted the plea.
On August 31, 1989, a sentencing hearing was held and evidence was presented. After hearing argument by both parties, the court determined that the aggravating circumstances outweighed the mitigating circumstances.
Appellant contends the fact that the sentences are to run consecutively is manifestly unreasonable. In addition, he argues the trial court did not properly consider the aggravating and mitigating factors and did not give sufficient reasons for imposing the sentences.
In sentencing appellant, the trial court first enumerated mitigating factors including the fact that in his prior criminal conduct appellant had not hurt anyone, that he believed appellant's mental condition was a mitigating factor, and that appellant...
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