ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT