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Corey R. Faith v. State of Indiana
Citation: Not availableDocket: 19S-CR-499
Court: Indiana Supreme Court; September 6, 2019; Indiana; State Supreme Court
Original Court Document: View Document
Corey R. Faith, the appellant-defendant, pleaded guilty to three counts of Class A felony child molesting and received a total sentence of 90 years, with 20 years suspended, to be served consecutively. He appealed, claiming his sentence was inappropriate given the nature of the offenses and his character. The Court of Appeals revised his sentence to concurrent 30-year terms with no time suspended, relying on previous cases that set precedence for concurrent sentencing in similar situations. The State petitioned for transfer, which the Indiana Supreme Court granted, vacating the Court of Appeals' decision. Under Indiana law, the Supreme Court has the authority to review and revise sentencing decisions if deemed inappropriate, emphasizing that this authority is reserved for exceptional cases. The facts revealed that Faith began grooming his 12-year-old student, A.B., during a vulnerable period in her life, engaging in multiple sexual acts with her over several months. A.B. suffered significant emotional distress, exacerbated by the suicide of her mother in 2016, who had previously warned her about the dangers of molestation. A.B. eventually disclosed Faith's actions to a friend, leading to a police report. Faith was charged with 36 counts of Class A felony child molesting and pled guilty to three counts. The Court of Appeals acknowledged the aggravating factor of Faith's position of trust over the victim, A.B., but revised his sentence to concurrent 30-year terms, the advisory sentence for a single Class A felony. However, under Appellate Rule 7(B), the appellate court determined that this 30-year aggregate sentence was inadequate and revised Faith’s sentences to three consecutive 30-year terms, totaling a 60-year executed sentence with 30 years suspended. The case was remanded for the trial court to issue a new sentencing order. Justice Slaughter dissented, expressing that while he disagreed with the reduction of Faith's sentence, he believed the original sentence should stand, as it was not claimed to be unlawful. He argued that once a sentence is found legal, further review should not involve substituting the trial judge's judgment with the appellate court's opinion. The decision was filed under Indiana Supreme Court Case No. 19S-CR-499 on September 6, 2019.