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Robinson v. State

Court of Appeals of Indiana

September 29, 2016

Jakob Robinson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Tippecanoe Superior Court The Honorable Steven P. Meyer, Judge Trial Court Cause No. 79D02-1503-F5-16

          ATTORNEY FOR APPELLANT Timothy P. Broden Lafayette, Indiana

          ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana

          Najam, Judge.

         Statement of the Case

         [¶1] While a teacher and coach at McCutcheon High School in Tippecanoe County, Jakob Robinson engaged a student is numerous acts of sexual intercourse and deviant sexual conduct. After the student reported Robinson's behavior to local authorities, the State charged Robinson with five counts of child seduction, each as a Level 5 felony. Robinson pleaded guilty to each of those counts and the trial court sentenced him to an aggregate term of eight years, with five years executed in the Department of Correction and three years suspended to probation.

         [¶2] On appeal, Robinson asserts that his sentence is inappropriate in light of the nature of his offenses and his character. We conclude that his sentence is not inappropriate. As such, we affirm.

         Facts and Procedural History

         [¶3] Between October of 2014 and January of 2015, Robinson, who was thirty-seven years old at the time, worked as a teacher and football coach at McCutcheon High School. K.F., a student at the school, was sixteen years old, and she was a teacher's assistant for Robinson. K.F.'s father had died prior to K.F.'s birth, and Robinson "became a sort of father figure for her." Appellant's App. Vol. IV at 12.

         [¶4] During that time, Robinson engaged K.F. in numerous sexual encounters, which included intercourse, digital penetration, and oral sex. Robinson engaged K.F. in those encounters during school hours and after school hours. He also engaged her in those encounters after school hours but before extracurricular events were scheduled to begin.

         [¶5] Robinson was married but in the dissolution process. His wife had a restraining order against him, and he was living with his parents. On at least one occasion, Robinson had sexual intercourse with K.F. in his parents' home. On that occasion, Robinson's two minor daughters were spending the night at his parents' home with him, and, while his parents and daughters were asleep, he left the house to pick K.F. up and bring her back to his parents' home.

         [¶6] Robinson purchased clothing and jewelry for K.F. He met with K.F. in public, sometimes with his daughters present. Robinson would "confide in her" about "the stresses of [his] failed marriage, " while she "would confide in [Robinson] when she was emotional" about her father's death. Tr. at 40. Robinson told K.F. he loved her.

         [¶7] On January 9, 2015, K.F. informed the Tippecanoe County Sheriff's Department of her relationship with Robinson. Thereafter, the State charged Robinson with five counts of child seduction, each as a Level 5 felony. Robinson pleaded guilty to each of those five counts without the benefit of a plea agreement.

         [¶8] The trial court accepted Robinson's guilty plea and, on September 3, 2015, entered the ...


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