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Garner v. State

Court of Appeals of Indiana

April 25, 2014

MARVIN GARNER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Lisa Borges, Judge. Cause No. 49G04-1004-FA-28313.

ATTORNEY FOR APPELLANT: FREDERICK VAIANA, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, RICHARD C. WEBSTER, Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. FRIEDLANDER, J., and MATHIAS, J., concur.

OPINION

Page 1013

PYLE, Judge

STATEMENT OF THE CASE

Marvin Garner (" Garner" ) appeals his aggregate sentence of sixty years for his convictions for four counts of Class A felony child molesting.[1]

We affirm.

ISSUE

Whether Garner's sentence is inappropriate pursuant to Indiana Appellate Rule 7(B).

FACTS

Garner met T.A. (" Mother" ) in 2001 at a Salvation Army rehabilitation facility, and in 2002 they began dating. At the time, Garner was paraplegic. He could not use his body from the waist down and, as a result, was impotent and confined to a wheelchair. However, in 2003, he received a penile implant and regained his ability to engage in sexual intercourse.

That same year, Garner, Mother, and Mother's four minor children moved in together. Mother had two sons--Dr.V. and Dv.V.--and two daughters--A.A. and T.V. A.A. was born in 1993, and T.V. was born in 1997. Garner, Mother, and the four children first lived together on Sangster Avenue in Indianapolis in 2003 and then moved to Yandes Street in Indianapolis in 2004. By the time Mother and Garner moved to Yandes Street, they were no longer dating, although they continued to live together. Mother started to date someone ...


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