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Mills v. State

Court of Appeals of Indiana

February 2, 2015

Constantine D. Mills, Jr., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

Appeal from the Wells Circuit Court, The Honorable Michael J. Lewis, Judge Cause Nos. 90C01-1306-FC-10 and 90C01-1401-FA-1.

ATTORNEY FOR APPELLANT: Kimberly A. Jackson, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Christina D. Pace Deputy Attorney General, Indianapolis, Indiana.

Vaidik, Chief Judge. Baker, J., and Riley, J., concur.

MEMORANDUM DECISION

Vaidik, Chief Judge.

Case Summary

[¶1] Constantine D. Mills, Jr. pled guilty to Class A felony child molesting and Class B felony sexual misconduct with a minor and was sentenced to fifty years in the Department of Correction. On appeal, Mills argues that the trial court abused its discretion in its treatment of aggravating and mitigating factors and his sentence is inappropriate. We do not reach these claims, however, because we conclude that Mills waived the right to appeal his sentence. We therefore dismiss this appeal.

Facts and Procedural History

[¶2] Mills had sexual intercourse with his biological daughter, B.M., when she was between twelve and fourteen years old. B.M. became pregnant and gave birth to a child in July 2013. Genetic testing confirmed that Mills was the child's father. The State charged Mills with Class A felony child molesting and Class B felony incest. Mills also had intercourse with B.D., a child unrelated to him, when she was fifteen years old. For these actions, the State charged Mills with Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.

[¶3] The State entered into a plea agreement with Mills that resolved both cases. Mills agreed to plead guilty to Class A felony child molesting (B.M.) and Class B felony sexual misconduct with a minor (B.D.), and the State agreed to dismiss the remaining counts. Sentencing was left to the trial court's discretion with the limitation that the sentences would be served concurrently. See Appellant's App. p. 55. The plea agreement required Mills to waive the right to appeal his sentence:

13. I hereby specifically waive the right to appeal any sentence imposed by the Court, under any standard of review, including but not limited to, an abuse of discretion standard and the appropriateness of the sentence under Indiana Appellate Rule 7(B), so long as the Court sentences me within the terms of the plea agreement. Also I hereby waive the right to any future request to modify the sentence imposed by the Court at the time of sentencing . . . .
* * * * *
36. I hereby waive the right to challenge the reasonableness of the sentence I receive in this cause under Appellate Rule 7(B). I also specifically waive the right to challenge ...

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