Bradley appealed his conviction for Attempted Deviate Conduct as a Class B felony. He questioned whether the evidence was sufficient to sustain his conviction and whether his sentence was inappropriate in light of the nature of the offense and its character.
He was found to have a part in an assault in the Starke County Jail on June 4, 2011 and to have hindered the safety of a jail inmate when assaulted by two other inmates.
The Appellate Court was not able to reweigh the evidence that was produced in the jury trial as the members of the court are not allowed to by law. Based on their review of the trial testimony and an exhibit of evidence, the Appellate Court concluded that the state presented evidence from which a jury could have found Bradley guilty of Attempted Criminal Deviate Conduct as a Class B felony. The court also concluded that Bradley did not sustain his burden of establishing that his sentence of 14 years is inappropriate in light of the nature of the offense and his character.
The sentence was upheld. That decision came back on Tuesday, May 28.
