Kimbert Alvin Gregory Crafton

WARSAW — A notice of appeal on behalf of Kimbert A. G. Crafton, 32, 609 W. Boston St., Syracuse, regarding his sentencing Oct. 18 has been filed with the Indiana Court of Appeals. While in an unrelated case, a jury trial date has been set on a charge of impersonation of a public servant.

Donald R. Shuler, Goshen, filed Crafton’s appeal Oct. 27, and no official appeal brief has been filed. Shuler has also filed a motion for a stay of judgment pending the appeal. The state set the appeal bond at $50,000 Nov. 6. However, Shuler has asked for a reduction of that bond at no greater than $20,000 surety combined. There has been no ruling on that motion.

In an unrelated case, an initial hearing on the charge of impersonation of a public servant was held Oct. 25, and a status conference held Nov. 14. It was at this time the final pre-trial conference and jury trial was set. The final pretrial will be held at 1 p.m. Jan. 23, with the trial set at 8 a.m. March 6.

Appeal And Bond

According to the motion for an appeal bond, Shuler noted Crafton intends to raise significant issues as it relates to the conduct of his guilty plea hearing and sentencing. He alleges his admission of guilt and acceptance of the guilty plea was not knowing, voluntary and willing and thus a denial of his constitutional rights of due process and the sentence imposed on each count and as to the imposition of consecutive sentences, along with restitution imposed by the court, constitute an abuse of discretion and is inappropriate in the nature of the offense and the character of the defendant.

Shuler also filed a motion for a reasonable appeal bond. Shuler’s motion sites the state statute provides a person convicted of an offense who has appealed the conviction may file a petition to be admitted to bail pending that appeal. The motion notes he is not a flight risk and bond was previously granted in this matter.

Shuler states, in the motion, Crafton has a new child and is engaged to a resident in the area, demonstrating the lack of being a flight risk. It is further noted he represents no risk of potential dancer to the community, has not been convicted of a serious violent offense or other offense precluding him from receiving bail.

Shuler, in the motion to reduce the appeal bond, stated Crafton cannot rely on help from family due to recent medical issues and he and his fiance have a 1-month old child limiting available funds for the bond along with the fact of posting bond on a prior case limiting his available fund.

Superior Court Judge Joe Sutton accepted Crafton’s plea agreement Oct. 18, in which he pleaded guilty to attempted theft, in one case, and theft and resisting law enforcement in another case. All other charges against him in this and one other case were dropped, Crafton was sentenced to a total of 5 1/2 years in the county jail with six months probation and his driver’s license suspended for 3 1/2 years following his release from jail.

According to Crafton’s plea agreement, which he signed and submitted to the court Sept. 13, his term of incarceration was not to exceed six years.