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Hobbs v. State

Court of Appeals of Indiana

January 29, 2015

Samuel L. Hobbs, Jr., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Delaware Circuit Court, The Honorable Marianne L. Vorhees, Judge. Cause No. 18C01-1007-FA-6.

ATTORNEY FOR APPELLANT: Samuel L. Hobbs, Jr., New Castle, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, Indiana.

Najam, Judge. Mathias, J., and Bradford, J., concur.

MEMORANDUM DECISION

Najam, Judge.

Statement of the Case

[¶ 1] Samuel L. Hobbs, Jr. appeals the trial court's denial of his petition to modify sentence. Hobbs raises two issues for our review, which we consolidate and restate as whether the trial court abused its discretion when it denied his petition. We affirm.

Facts and Procedural History

[¶ 2] The facts underlying Hobbs' convictions were stated by this court in his direct appeal:

In the fall of 2003, Hobbs met L.M. at work. Early in 2004, they became romantically involved. Throughout their relationship Hobbs lived in various locations and, while he never lived with L.M., he occasionally spent the night with her. In the fall of 2004, as their relationship began to subside, Hobbs insisted he needed L.M.'s help in overcoming his drug addiction. Hobbs did not

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see L.M. between February of 2005 and June 19, 2005, although they wrote each other and spoke on the phone.
On June 19, 2005, Hobbs was released from prison. Hobbs and L.M. met at St. Francis church for the 9:00 a.m. service, after which L.M. drove Hobbs to cash a money order, then dropped him off at a Wendy's restaurant. From there, L.M. went to visit her parents. She did not see or speak with Hobbs the rest of the day. Upon returning home, L.M. had several messages from Hobbs on her answering machine that " started out nice and seemed to end up very violent, hateful." At 11:18 p.m., L.M. was awakened when she felt Hobbs crawling into bed with her. She told him to leave, but he refused and became physical, throwing her on her back, and eventually removing her pants and underwear, as well as his own clothing. Hobbs proceeded to put his finger in her vagina, followed by his penis. He later performed oral sex on her and penetrated her anally. L.M. fought Hobbs screaming and yelling for her neighbor, Lori Ford (Ford), all the while telling Hobbs to " stop, get off, leave me alone," and that it " hurt." Hobbs responded by telling her to shut up and covering her mouth with his hands. L.M. attempted to call 911, but Hobbs took the telephone from her and threw it. L.M. found the telephone under her bed the next day.
While L.M.'s encounter with Hobbs was happening, Ford was walking her dog underneath L.M.'s open bedroom window. Ford heard loud, piercing screams coming from the window. Ford called 911 to report that her neighbor was being attacked, and ...

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