The Indiana Court of Appeals rejected a man’s argument to revise his sentence for molesting the daughters of his ex-girlfriend to be served concurrently instead of consecutively because of his age and he is paraplegic.
Marvin Garner received an aggregate sentence of 60 years for four convictions of Class a felony child molesting: 30 years for each conviction, with two convictions to be served concurrently to the other two convictions. The trial court found that he could serve 20 years of his aggregate sentence in community corrections on home detention.
Garner formerly dated the victims’ mother, but they ended their relationship and lived together before she moved her family out of the home. Garner, who is paraplegic and in his late 60s, molested his ex-girlfriend’s two daughters, who were 7 years old and 10 years old at the time of the incidents. The molestation took place over the course of a year while the mother paid Garner to watch the children.
In Marvin Garner v. State of Indiana, 49A02-1310-CR-834, Garner asked the appellate court to revise his sentence under Appellate Rule 7(B), with the court taking into account his age and that he is paraplegic. He argued that he will not likely live to the end of his sentence.
The Court of Appeals declined to revise his sentence, pointing to the fact that the offenses were committed against multiple victims and against the same victims repeatedly, that the girls were very young when the molestation occurred and he was in a position of trust with them as their babysitter. Garner also has a long criminal history.
“While we recognize that Garner’s age and infirmities are relevant, they are not so persuasive that we can overlook these negative aspects of his character,” Judge Rudolph Pyle III wrote.