Preview:

FOR PUBLICATION

ATTORNEY FOR APPELLANT: DAVID W. STONE, IV Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CARL A. STOUT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 48A04-0504-CR-189

APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Frederick R. Spencer, Judge Cause No. 48C01-0304-FB-141

September 22, 2005 OPINION - FOR PUBLICATION VAIDIK, Judge

Case Summary Carl Stout appeals his sentence for two convictions of Sexual Misconduct with a Minor as a Class B felony and one conviction as a Class C felony. Specifically, Stout claims that the trial court failed to properly find and balance the aggravating and mitigating factors and that his sentence is inappropriate in light of the nature of his offenses and his character. Because the trial court properly found and weighed the aggravators and mitigators and because his sentence is not inappropriate, we affirm. Facts and Procedural History Stout lived with his wife, Joy, and Joy's daughter from a previous marriage, K.H. Between June 2002 and March 2003, Stout touched, had sexual intercourse with, and engaged in deviate sexual conduct with K.H., who was between fourteen and sixteen years old at that time. The State charged Stout with Count I: Sexual Misconduct with a Minor as a Class C felony 1 and Counts II and III: Sexual Misconduct with a Minor as a Class B felony. 2 Pursuant to a plea agreement, Stout pled guilty to all three charges, and the parties agreed to leave sentencing to the discretion of the trial court, with the only restriction being that the sentences would run concurrently. 3 In sentencing Stout, the court found Stout's lack of significant criminal history, his honorable military service, and the fact that he pled guilty to be mitigating factors. The court also found two aggravating factors: first, Stout had violated his position of trust

1

Ind. Code

Download Carl A. Stout v. State of Indiana.pdf

Indiana Law