Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 1 of 4

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

Thomas C. Allen

Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Megan M. Smith

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Terence L. Riley,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff

August 9, 2019

Court of Appeals Case No.

19A-CR-659

Appeal from the Allen Superior 

Court

The Honorable Frances C. Gull, 

Judge

Trial Court Cause No.

02D05-1712-F5-344

Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 2 of 4

[1] Terence Riley appeals the sentence imposed by the trial court after Riley was 

convicted of Level 5 felony domestic battery, arguing that the sentence is 

inappropriate in light of the nature of the offense and his character. Finding 

that the sentence is not inappropriate, we affirm.

[2] In July 2016, Riley battered his wife, Barbara Harris, punching her in the face 

multiple times. He was convicted of domestic battery in Steuben County for 

that incident.

[3] In October 2017, Riley was still on probation for the domestic battery 

conviction. On October 9, 2017, Riley initiated an argument with Harris. He 

punched her repeatedly in the face. Scared, Harris ran into a bathroom and 

locked the door. He followed her and kicked down the door. With blood 

running down her face and a swollen eye, Harris begged Riley to let her go to 

the hospital. After she promised that she would not call the police, he allowed 

her to leave and she drove herself to the hospital. She received five stitches in 

her forehead and was treated for bruising on her cheek and a sprain of her bicep 

tendon. The laceration on her forehead could still be seen at the time of Riley’s 

trial and is likely permanent.

[4] On December 1, 2017, the State charged Riley with Level 5 felony domestic 

battery, Level 6 felony domestic battery resulting in moderate bodily injury, and 

Level 6 felony domestic battery with a prior unrelated conviction.1 While the 

 

1 The State later dismissed the charge for domestic battery with a prior unrelated conviction.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 3 of 4

charges were pending, Riley encouraged Harris not to cooperate with the 

prosecutor’s office, telling her that if she refused to cooperate, the case would 

get dismissed. Riley’s jury trial took place on February 5-6, 2019. The jury 

found Riley guilty as charged and the trial court vacated the Level 6 felony 

conviction on double jeopardy grounds. On March 13, 2019, the trial court 

sentenced Riley to six years in the Department of Correction. Riley now 

appeals.

[5] Riley’s sole argument on appeal is that the sentence is inappropriate in light of 

the nature of the offenses and his character pursuant to Indiana Appellate Rule 

7(B). We must “conduct [this] review with substantial deference and give ‘due 

consideration’ to the trial court’s decision—since the ‘principal role of [our] 

review is to attempt to leaven the outliers,’ and not to achieve a perceived 

‘correct’ sentence . . . .” Knapp v. State, 9 N.E.3d 1274, 1292 (Ind. 2014) 

(quoting Chambers v. State, 989 N.E.2d 1257, 1259 (Ind. 2013)) (internal 

citations omitted). For a Level 5 felony conviction, Riley faced a possible 

sentence of one to six years imprisonment, with an advisory term of three years. 

Ind. Code § 35-50-2-6(b). The trial court imposed a maximum six-year term.

[6] With respect to the nature of the offense, Riley battered his wife, striking her 

with such force that she needed five stitches in her forehead and had injuries to 

her cheek and arm. The scarring as a result of the laceration in her forehead 

may be permanent. He refused to let her go to the hospital until she promised 

not to call the police. 
Court of Appeals of Indiana | Memorandum Decision 19A-CR-659 | August 9, 2019 Page 4 of 4

[7] With respect to Riley’s character, we note that he has a significant criminal 

history. He has been convicted three times of battery, twice of dealing in 

cocaine or a narcotic drug, once of possession with intent to distribute cocaine 

base “crack,” and once of operating while intoxicated. He has had many 

chances to reflect on his behavior and change his ways, including shorter

sentences, longer sentences, time with the Center for Nonviolence, residential 

placement, and the Alcohol Countermeasure Program. He has had suspended 

sentences revoked twice, placements modified twice, and a federal sentence 

modified twice. He was on probation for the same offense—battering his 

wife—when he committed the very same act in this case. As soon as he 

battered her, his first thought was of himself, and he began trying to convince 

her not to call the police. After the State filed charges, he continued to 

manipulate the situation by encouraging her not to cooperate with the 

prosecutor’s office. He has never shown remorse or accepted any responsibility 

for his actions. Given this record, we find that the sentence imposed by the trial 

court was not inappropriate in light of the nature of the offense or his character.

[8] The judgment of the trial court is affirmed.

Kirsch, J., and Crone, J., concur.