DICKSON, Justice.
Defendant Christopher Helsley was convicted for the April 2001 murders of Brad Maxwell and Marsha Rainey in Pike County and sentenced to life imprisonment without parole. In this direct appeal following a second guilt phase trial, he challenges his sentence. We affirm.
The defendant's sentence of life imprisonment without parole gives this Court mandatory and exclusive jurisdiction over this appeal. Ind. Appellate Rule 4(A)(1)(a). Seeking a reduction of his sentence to a term of years, the defendant makes two appellate claims. First, he requests this Court to exercise its right to review and revise his sentence under Indiana Appellate Rule 7(B). Second, he argues that the jury's weighing of aggravating and mitigating factors was an abuse of discretion.
In 2001, the defendant was an emergency medical technician for Pike County when he killed his coworkers Brad Maxwell and Marsha Rainey. The defendant fired multiple gunshots into the head and neck areas of both victims, and at least one gunshot wound to each of the victims was fired from close range, approximately one foot away. The bodies of Rainey and Maxwell were found in close proximity to one another, both seated in recliners in the living area of the building where emergency medical technicians wait for ambulance calls.
Tr. at 3-4. At the conclusion of the new sentencing hearing, the jury found that the State had proven the statutory aggravator beyond a reasonable doubt and that the aggravator outweighed the mitigating circumstances. It recommended a sentence of life imprisonment without parole, and the trial court sentenced the defendant accordingly. The defendant now appeals his sentence.
The defendant requests that this Court revise his sentence from life imprisonment without parole to a term of years under Indiana Appellate Rule 7(B).
To support his request for appellate sentence revision, the defendant advances three reasons: (a) his difficult childhood, (b) his lack of criminal history, and (c) his actions resulted from mental illness. He presents argument only on his lack of criminal history and his mental illness, alleging that he "suffered from borderline personality disorder, severe anxiety, and severe depression—serious and debilitating
"[T]he question under Appellate Rule 7(B) is not whether another sentence is more appropriate; rather, the question is whether the sentence imposed is inappropriate." King v. State, 894 N.E.2d 265, 268 (Ind.Ct.App.2008) (emphasis in original), trans. not sought. "Our authority to review and revise a criminal sentence requires that we first give `due consideration of the trial court's decision.'" Stephenson v. State, 29 N.E.3d 111, 122 (Ind.2015) (citing Ind.App. R. 7(B)). "[S]entencing is principally a discretionary function in which the trial court's judgment should receive considerable deference." Cardwell v. State, 895 N.E.2d 1219, 1222 (Ind.2008). As we recently explained in Stephenson, "[s]uch deference should prevail unless overcome by compelling evidence portraying in a positive light the nature of the offense (such as accompanied by restraint, regard, and lack of brutality) and the defendant's character (such as substantial virtuous traits or persistent examples of good character)." 29 N.E.3d at 122.
The testimony at the sentencing phase trial included the defendant's expert witness, a clinical neuropsychologist, who opined that the defendant was in a dissociative state
Tr. at 241.
The defendant's brief in this appeal does not attempt to connect his mental illnesses to either his character or the nature of the offense, and his argument does not separately address these two factors to be considered under Rule 7(B). We observe that a claim of mental illness may be the basis for a guilt phase claim of insanity or inviting a verdict of guilty but mentally ill. Since this appeal involves only the resentencing proceeding after remand, the record before us indicates only that such issues were not before the guilt phase jury. We cannot foreclose the possibility that the role of a defendant's mental illness in the commission of a crime may, in exceptional and extraordinary circumstances, be considered in a Rule 7(B) appellate sentence review in evaluating the nature of the offense. The present case, however, does not warrant such consideration.
In this case, the offense was a cold, calculated double murder of two coworkers without provocation. The defendant's actions did not show restraint or a lack of brutality, and there was no evidence that either murder showed any regard for human life. Both of the victims received at least one gunshot wound from close range, and they both suffered all of their multiple gunshot wounds to their head and neck areas. Each inflicted wound was life threatening or death inducing independent of the other gunshot wounds. We do not find that the defendant's claim of mental illness diminishes the gravity of his conduct in committing these murders. In addition, notwithstanding the alleged troubled childhood, mental illnesses, and lack of criminal history, consideration of the defendant's character does not warrant a sentence revision.
With respect to the defendant's request for Rule 7(B) sentence revision, we find that the nature of the offense and the character of the defendant do not present a sufficiently compelling basis to override the decision of the jury and the trial court.
Alternatively, the defendant briefly argues that the jury's decision to place more weight on the aggravating circumstance than the mitigating circumstances constituted an abuse of discretion. We understand the defendant to argue that his difficult childhood, mental illnesses, lack of prior criminal history, lack of violent behavior, lack of motive for this crime, and remorse, while not able to absolve him of responsibility for the murders, outweigh the single aggravating circumstance presented, making "[t]he jury's verdict . . . an abuse of discretion." Appellant's Br. at 14. In response, the State argues that
The defendant does not challenge the jury's finding of the statutory aggravator—that he committed or was convicted of another murder. See Ind.Code § 35-50-2-9(b)(7)-(8). The defendant also does not argue that the jury received improper instructions, made a mistake by not specifically identifying which mitigating circumstances it considered, or failed to state that it found the statutory aggravator out-weighed the mitigating circumstances. Instead, the defendant asks "this Court to exercise review of the jury's balancing process [of the aggravating and mitigating circumstances]." Appellant's Br. at 14. He argues that in a case where the sentence is life imprisonment without parole, a jury's balancing of aggravating and mitigating circumstances is subject to an abuse of discretion standard of appellate review. We disagree.
The jury verdict in this case declared, "We, the Jury, find that the charged aggravating circumstances that exist outweigh any mitigating circumstances herein." Tr. at 324. In a case involving the death penalty or a sentence of life imprisonment without parole, once a statutory aggravator is found by a jury beyond a reasonable doubt, "Indiana . . . places the weighing process [of any aggravating and/or mitigating circumstances] in the hands of the jury" to recommend a punishment. Ritchie v. State, 809 N.E.2d 258, 268 (Ind.2004). The exercise of such judgment "is not capable of evaluation beyond a reasonable doubt, and our statute properly omits any standard by which it is to be measured." Id. (emphasis added). Instead, the statute simply states that "[b]efore a sentence may be imposed under this section, the jury . . . must find that . . . any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances." Indiana Code § 35-50-2-9(1). Determining the weight to be given aggravating and mitigating circumstances is a "balancing process" within the purview of the jury, Bivins v. State, 642 N.E.2d 928, 946 (Ind. 1994), quoted by McManus v. State, 814 N.E.2d 253, 256 (Ind.2004), and the jury is not required "to list mitigating circumstances or even provide information about its consideration of alleged mitigators." Weisheit v. State, 26 N.E.3d 3, 20 (Ind. 2015). Because the defendant's jury did not provide reasons for its sentence determination, there is no basis upon which we can evaluate the jury's weighing of the evidence and balancing of the mitigating circumstances against the aggravating circumstance. In light of the confidentiality and finality of jury deliberations, we find nonjusticiable the defendant's claim that the jury's weighing and balancing of aggravating and mitigating factors was an abuse of discretion. See Ward v. State, 903 N.E.2d 946, 960-61 (Ind.2009).
Finding that (a) the nature of the offense and the defendant's character do not
RUSH, C.J., and RUCKER, DAVID, and MASSA, JJ., concur.