Ryan James Shelley v. State of Indiana

On December 27th, 2012, Shelley shook his girlfriend’s infant daughter, causing

her death. He was charged with murder,3 battery resulting in death,4 battery

resulting in serious bodily injury,5 aggravated battery,6 and neglect of a

dependent resulting in death.7 Shelley pled guilty to murder as part of a plea

agreement, providing that the court impose a sentence between fifty-five and

sixty years and dismiss his other charges. The trial court sentenced Shelley to

fifty-eight years imprisonment, ordered him to pay a hundred dollar fine, and

dismissed his remaining charges. (App.172-74.) Shelley now appeals.





Discussion and Decision

[3] The authority granted to this Court by Article 7, § 6 of the Indiana Constitution

permitting independent appellate review and revision of criminal sentences was

implemented by the Indiana Supreme Court through Appellate Rule 7(B). We

may “revise a sentence authorized by statute if, after due consideration of the

trial court’s decision, the court finds that the sentence is inappropriate in light of

the nature of the offense and the character of the offender.” Ind. Appellate

Rule 7(B). The primary purpose in this type of review is to “leaven the

outliers” and focus on the aggregate sentence for the crime(s) committed.

Caldwell v. State, 895 N.E.2d 1219, 1125 (Ind. 2008).

[4] The nature of the offense gives us no reason to revise the sentence downward.

Shelley pled guilty to murder of a child for whom he was in a position as

caretaker.

[5] Turning to his character, Shelley has at least 14 criminal convictions (including

two felonies) and one formal juvenile adjudication. His convictions include

visiting a common nuisance, criminal mischief, battery, alcohol and drug

possession, resisting law enforcement, sexual misconduct with a minor, and

failure to register as a sex offender. While he expressed remorse, Shelley

benefited from his plea agreement under which he received less than the

maximum possible penalty.

In light of Shelley’s offense and his character, we conclude the sentence is not inappropriate. Affirmed.