26A-CR-01334•Miguel Casas v. State of Indiana
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Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 1 of 9 Pursuant to Indiana Appellate Rule 65(E), the trial court and parties shall not take any action in reliance upon this memorandum decision until it is certified. MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case. I N T H E Court of Appeals of Indiana Miguel Casas, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff October 21, 2026 Court of Appeals Case No. 26A-CR-1334 Appeal from the Warren Circuit Court The Honorable Hunter J. Reece, Judge Trial Court Cause No. 86C01-2506-F1-140 Memorandum Decision by Judge Altice
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 2 of 9 Judges Bailey and Bradford concur. Altice, Judge. Case Summary [1] Without the benefit of a plea agreement, Miguel Casas pleaded guilty as charged to two counts of Level 1 felony child molesting, two counts of Level 4 felony child molesting, and four counts of Level 4 felony child exploitation. His victims were a two-year-old and a six-year-old girl. The trial court sentenced him to an aggregate term of ninety-six years, with sixteen years suspended to probation. Casas appeals, arguing that the trial court abused its discretion with respect to the consideration of mitigating circumstances. [2] We affirm. Facts & Procedural History [3] In April 2025, the Indiana State Police (ISP) assisted in an investigation of CyberTips received by the National Center for Missing and Exploited Children. The CyberTips files contained photos and videos of sexual acts between an adult male and juvenile victims that were produced between 2018 and 2019. The adult male was identified as Casas. [4] During the subsequent investigation, which included searches of a hard drive stored under Casas’s bed in a gun box, his Google account, and his cell phones,
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 3 of 9 investigators determined that numerous images depicted crimes that occurred in both Warren County and Tippecanoe County. This case involves crimes that occurred in Warren County in 2019 against Victim 1, a two-year-old girl, and Victim 2, a six-year-old girl. The investigation also revealed other victims, both identified and unidentified, and thousands of pornographic images of teenage and prepubescent girls, as well as concerning pictures secretly taken of women in public. [5] In June 2025, the State charged Casas, as amended, with eight counts: two counts of Level 1 felony child molesting (Counts 1 and 2); four counts of Level 4 felony child exploitation (Counts 3, 4, 6, and 8); and two counts of Level 4 felony child molesting (Counts 5 and 7). The first four counts involved Victim 1 and the last four involved Victim 2.1 [6] At the final pretrial hearing on April 7, 2026, two weeks before the scheduled jury trial, Casas pleaded guilty as charged without the benefit of a plea agreement. The sentencing hearing was held on April 21, 2026, at which ISP Trooper Jonathan Fulfer testified in detail regarding the investigation and the digital evidence discovered. Trooper Fulfer testified that four child victims had been identified so far, and many images depicting Casas’s crimes against the children were admitted into evidence. 1 In February 2026, the State charged Casas in Tippecanoe County under Cause No. 79D01-2602-F1-5 with fifteen counts, including three counts of Level 1 felony child molesting involving Victim 1 and Victim 1’s four-year-old cousin. That case remains pending.
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 4 of 9 [7] The presentence investigation report (PSI) showed that Casas had a prior misdemeanor conviction for driving while suspended. Casas reported to the probation officer that he had used many illegal drugs, including daily methamphetamine use through 2021, and claimed that he was high on drugs, experienced blackouts, and did not remember his crimes. Aside from pleading guilty, he did not take any responsibility for his crimes, and he did not acknowledge the seriousness of them. Casas told the probation officer, “I didn’t kill anyone” and “the kids don’t remember.” Appendix at 100. When asked what sentence someone with his crimes should receive, Casas responded: “Maybe a couple years and strict parole to watch what I do. I’ve suggested castration, but I found out that is illegal.” Id. at 102. Casas did not take the opportunity to speak at sentencing, instead presenting the testimony of two family members and his girlfriend to speak to his character. [8] When sentencing Casas, the trial court found a number of aggravating circumstances: Victim 1 and Victim 2 were of tender ages, two and six years old, which made the crimes “particularly heinous”; Casas violated a position of trust and had care, custody, or control over them; he committed a crime of violence in the presence of another child who was not the victim; and he has a criminal history, including a misdemeanor driving offense in 2018, uncharged criminal acts addressed at sentencing, and the related charges that were pending in Tippecanoe County. Transcript at 51. In mitigation, the court found that Casas “entered an open plea of guilty with no benefit what so ever, [] which saved further [] victimization of the victims and their families and all of those
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 5 of 9 that would have to observe it and substantially limited his appellate rights.” Id. at 52. [9] The trial court also observed that Casas met the definition of a “sexually violent predator” both statutorily and by the specific facts of the case. Id. The court explained: [M]any of the images testified to by the trooper [and] observed by the Court[, e]ven those not arising to the level of criminal conduct[,] are troublesome and they demonstrate the mental issue that is a danger to our community, whenever he may be at large. Uh, the Court also considers the graphic nature of the acts that occurred and the voluminous amount of those to photograph and video tape uh, child molesting that you are committing so that you can [relive] that over and over again. Uh, demonstrates a concern to the Court to protect children in our communities those who are the most tender and lack the ability to even report their victimization. Id. at 52-53. Given that Casas would be a credit restricted felon, the court recognized that he would be required to serve a substantial portion of the sentence imposed “on top of his already thirty (30) years of age.” Id. at 53. [10] The court then sentenced Casas to forty years each for Counts 1 and 2, the Level 1 felonies, and eight years each on Counts 3-8, the Level 4 felonies. The court ordered a combination of concurrent and consecutive sentences, making the child molesting counts – Counts 1, 2, 5, and 7 – consecutive to each other and the child exploitation counts – Counts 3, 4, 6, and 8 – concurrent with the
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 6 of 9 child molesting counts. This resulted in a sentence of ninety-six years, of which the trial court suspended sixteen years to probation. [11] Casas now appeals his sentence. Additional information will be provided below as needed. Discussion & Decision [12] Casas argues that the trial court abused its sentencing discretion. He does not challenge any of the aggravating circumstances found by the trial court. Rather, he argues that the trial court “failed to place a sufficient weight upon the fact that Casas, potentially facing an extraordinary amount of jail time, pled ‘open’ without the benefit of a previously negotiated deal.” Appellant’s Brief at 13 (emphasis added). According to Casas, the trial court “should have recognized [the] great risk he was taking” along with the benefits to the victims and the State in avoiding trial and thus “afforded him more credit.” Id. at 14 (emphasis added). Casas also asserts that he was thirty years of age at the time of sentencing and thus “[h]is young age would show that he is likely to respond affirmatively to probation or short-term imprisonment and could be rehabilitated.” Id. [13] It is well established that sentencing decisions are within the sound discretion of the trial court. Owen v. State, 210 N.E.3d 256, 269 (Ind. 2023). “An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom.” Id. (internal quotations omitted). A trial
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 7 of 9 court has no obligation to “weigh” aggravating and mitigating factors when imposing a sentence, and thus it cannot be said to have abused its discretion in failing to “properly weigh” such factors. Anglemyer v. State, 868 N.E.2d 482, 491 (Ind. 2007), clarified on reh’g, 875 N.E.2d 218; see also Baumholser v. State, 62 N.E.3d 411, 416 (Ind. Ct. App. 2016) (“We review for an abuse of discretion the court’s finding of aggravators and mitigators to justify a sentence, but we cannot review the relative weight assigned to those factors.”). [14] One way in which a trial court may abuse its discretion is by omitting mitigating factors that are clearly supported by the record and advanced for consideration. Anglemyer, 868 N.E.2d at 491. It is not enough to show that the trial court failed to address the significance of a mitigating factor advanced by the defense, as a trial court is not obligated to explain why it has found the factor not to exist. Id. at 493. “An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record.” Id. (emphasis added). [15] Casas’s primary argument on appeal is that the trial court failed to give adequate weight to the mitigating circumstances surrounding his guilty plea. But this claim is unavailable for review. The trial court found the guilty plea to be a mitigating circumstance and noted that Casas received no benefit for the plea and that the plea saved the victims and their families from being further victimized at trial. Casas asked the trial court to give his guilty plea substantial weight, but a trial court is “not required to give the same weight to proffered
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 8 of 9 mitigating factors as does a defendant.” Smoots v. State, 172 N.E.3d 1279, 1288 (Ind. Ct. App. 2021). In sum, the trial court clearly considered this mitigating circumstance, and it cannot be found to have abused its discretion with respect to weight it gave the guilty plea. See Baumholser, 62 N.E.3d at 416. [16] Finally, regarding the claim that his “young age” should have been considered mitigating, we observe that Casas does not direct us to any authority to support the proposition that thirty years old is an age deserving of mitigating treatment. Moreover, he did not advance this as a mitigating circumstance below, so he cannot do so now on appeal. See Fisher v. State, 264 N.E.3d 696, 707 (Ind. Ct. App. 2025) (“Generally, if the defendant fails to advance a mitigating circumstance at sentencing, the court will presume that the factor is not significant, and the defendant is precluded from advancing it as a mitigating circumstance for the first time on appeal.”) (internal quotations omitted). [17] Judgment affirmed. Bailey, J. and Bradford, J., concur. ATTORNEY FOR APPELLANT Justin R. Wall Huntington, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General
Court of Appeals of Indiana | Memorandum Decision 26A-CR-1334 | October 21, 2026 Page 9 of 9 Robert M. Yoke Deputy Attorney General Indianapolis, Indiana
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