MCDONALD v. STATE (2018)

MEMORANDUM DECISION

[1] After stabbing his nephew in the leg during a night of drinking and smoking spice, Bobby McDonald was convicted of battery with a deadly weapon, a Level 5 felony, and sentenced to the maximum term of six years (to include two years with Tippecanoe County Community Corrections). He asks us to reduce his sentence pursuant to Indiana Appellate Rule 7(B), which authorizes us to revise a sentence if, after due consideration of the trial court's decision, we find that the sentence is “inappropriate in light of the nature of the offense and the character of the offender.” We decline to exercise that authority in this case.

[2] McDonald notes the principle that “the maximum sentence should be reserved for the very worst offender,” Appellant's Br. p. 13, and argues that he does not fall into that class, focusing primarily on his history of mental-health issues (e.g., ADHD, PTSD, and bipolar disorder). While we join the trial court in acknowledging McDonald's mental-health problems, his lengthy criminal record places him comfortably in the worst-offender category. The pre-sentence investigation report—which McDonald does not contest—reveals five felony convictions, twenty-two misdemeanor convictions (including six for battery), a habitual-substance-offender finding, and at least eight probation violations. In addition, while this case was pending, McDonald committed and pled guilty to Class A misdemeanor domestic battery.

[3] The purpose of 7(B) review is to “leaven the outliers.” Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008). In light of McDonald's criminal history, and his commission of yet another battery while out on bond in this case, the six-year, maximum sentence for Level 5 felony battery is by no means an outlier.

[4] Affirmed.

Vaidik, Chief Judge.

Barnes, J., and Pyle, J. concur.