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Corbally v. State

Court of Appeals of Indiana

March 19, 2014

SHAWN LAWRENCE CORBALLY, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff,

Page 464

[Copyrighted Material Omitted]

Page 465

APPEAL FROM THE JOHNSON CIRCUIT COURT. The Honorable K. Mark Loyd, Judge. Cause No. 41C01-1301-FA-1.

ATTORNEY FOR APPELLANT: MICHAEL J. KYLE, Baldwin Adams & Kamish, Franklin, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; KELLY A. MIKLOS, Deputy Attorney General, Indianapolis, Indiana.

BARNES, Judge. BROWN, J., concurs. ROBB, J., concurs as to Issue I and dissents without opinion as to Issue II.

OPINION

Page 466

BARNES, Judge

Case Summary

Shawn Corbally appeals his convictions and 270-year sentence for Class A felony burglary, Class A felony rape, four counts of Class A felony criminal deviate conduct, and two counts of Class B felony criminal confinement. We affirm the convictions but revise the sentence to a term of 165 years.

Issues

The reordered and restated issues before us are:

I. whether the trial court properly allowed a police investigator to relate the contents of her interview with the victim; and
II. whether Corbally's sentence is inappropriate.

Facts

The evidence most favorable to the convictions is that sometime after 4:00 a.m. on the morning of July 29, 2012, M.R. was asleep in her Greenwood apartment when she was awoken by a man--Corbally--getting on top of her in her bed. Corbally, who was armed with a knife, forced M.R. to engage in numerous sex acts, including vaginal, oral, and anal sex, over the next two hours while making threats to harm M.R. or her children. M.R.'s one-year-old child was asleep in bed with M.R., while her nine-year-old child was asleep in a different room. Corbally insisted that M.R. not look at his face. However, M.R. noticed that he had a sleeve tattoo on his left arm depicting bricks and that he was wearing camouflage cargo shorts.

After a while, Corbally forced M.R. to go outside to the patio and to engage in additional ...


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