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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

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A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”

The COA affirmed the judgment of the trial court in Clinton Couch v. State of Indiana, No. 48A04-1204-CR-181.  

Couch, 28, befriended 13-year-old D.K., giving assurance that he wanted to be a big brother. However, over the course of several months, Couch molested D.K., took pornographic photographs of him, subjected him to physical violence, and threatened to make him disappear.

On Feb. 27, 2012, in exchange for not filing charges related to other alleged victims who had come forward, Couch pleaded guilty to five counts of Class A felony child molesting, Class C felony child exploitation and Class D felony possession of child pornography.

During the sentencing hearing, two other alleged victims, J.M. and A.B., testified for the state. The trial court did not find this testimony as an aggravating circumstance, instead citing Couch’s violation of trust, the repeated sexual assaults, the pattern of depravity, and that the victim will spend the rest of his life reliving from time to time these assaults.

Couch was sentenced to 40 years of incarceration for each child molesting conviction, eight years for child exploitation, and three years for possession of child pornography. The trial court ordered child molesting Counts I through III to be served concurrently with one another but consecutive to Counts IV and V, which would also be served concurrently with one another. It also ordered the child exploitation sentence to be served consecutively to the child molesting sentences and the possession of child pornography sentenced to be served consecutively with the others. All together, Couch has an aggregate sentence of 91 years. His earliest release date is Sept. 20, 2057.

On appeal, Couch argued that the admission of J.M.’s and A.B.’s testimony amounted to a circumvention of his plea agreement because the trial court allegedly used their testimony to enhance his sentences and order some of them to be served consecutively.

He cited Roney v. State, 872 N.E.2d 192,201 (Ind. Ct. App. 2007) which found if a trial court accepts a plea agreement under which the state agrees to drop or not file charges and then uses facts that give rise to those charges to enhance a sentence, it, in effect, circumvents the plea agreement.

The COA, however, ruled that Couch failed to establish that the trial court abused its discretion. Specifically, the trial court did not find that Couch’s uncharged conduct was an aggravating circumstance that led to enhanced and consecutive sentences. In fact, the lower court did not even mention it in imposing sentence.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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