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Holt v. State

Court of Appeals of Indiana

October 19, 2016

Edward A. Holt, Jr., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Jennings Circuit Court The Honorable Jon W. Webster, Judge Trial Court Cause No. 40C01-1104-FA-193

          ATTORNEY FOR APPELLANT Benjamin Loheide Law Office of Benjamin Loheide Columbus, Indiana.

          ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Karl Scharnberg Deputy Attorney General Indianapolis, Indiana.

          Pyle, Judge.

         Statement of the Case

         [¶1] Edward A. Holt, Jr., ("Holt") appeals his sentence imposed after his guilty plea to two counts of Class C felony child molesting.[1] On appeal, he asks us to find that his four year sentence was inappropriate and to reduce or suspend it accordingly. In response, the State requests that we also find Holt's sentence inappropriate but that we increase it to six years for each conviction. Because we do not find that Holt's sentence was inappropriate, we affirm.

         [¶2] We affirm.

         Issue

         Whether Holt's sentence was inappropriate.

         Facts

         [¶3] On October 27, 2015, Holt pled guilty to two counts of Class C felony child molesting for molesting the two children of his former girlfriend-a five-year-old boy, A.G., and his six-year-old sister, S.U. As the factual basis for his guilty plea, Holt admitted that between January 2010 and February 2011 he had let the children fondle him. Holt's plea agreement did not place a cap on the sentence to be imposed, but it provided that he would serve concurrent sentences for each count. The State also agreed to not make a recommendation as to his sentence.

         [¶4] Subsequently, on December 29, 2015, the trial court held a sentencing hearing. After reviewing Holt's pre-sentence investigation report ("PSI") and questioning him briefly, the trial court found the following aggravators: (1) Holt, who was twenty-nine at the time of the hearing, had a prior juvenile delinquency adjudication for a sex crime, child molest; (2) Holt had a prior misdemeanor conviction for invasion of privacy and a probation revocation; and (3) Holt did not have a high school diploma or GED. The trial court also found the following mitigators: (1) Holt had been gainfully employed for most of his adult life; (2) Holt had pled guilty; and (3) other than Holt's juvenile adjudication, his criminal history was not significant. The trial court then sentenced Holt to concurrent four (4) year executed terms at the Department of Correction. Holt now appeals.

         Decision

         [¶5] On appeal, Holt argues that his sentence was inappropriate in light of the nature of his offense and his character and requests that we revise or suspend it under Indiana Appellate Rule 7(B). In response, the State argues that we should ...


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