(WASHINGTON) - Convicted murderer Derek Williams has filed a notice of appeal through his attorney, Tonya Shaw.
Daviess County Deputy Prosecutor Joseph Koenig explained that, after sentencing, a defendant has 30 days to file notice of appeal. Williams was sentenced on April 9 to 65 years with the Indiana Department of Correction for the murder of his wife, Kim, on Feb. 4, 2011.
Andrea McCann, of the Washington Times-Herald reports, the sentencing followed a four-day trial in March that resulted in a guilty verdict. The presumptive sentence for murder in Indiana is 55 years, and the judge may add or subtract 10 years from that for aggravating or mitigating circumstances. Daviess County Superior Court Judge Dean A. Sobecki sentenced Williams to the maximum, with credit for time served.
"I think the aggravating circumstance of committing the murder in the home with the two children present outweighed the mitigating factors that he didn't have a criminal record, and had a good record in the military and as a civilian employee," Sobecki said at the sentencing. The notice of appeal isn't the appeal itself -- it simply gets the ball rolling for the appeal process, according to Koenig. It was unclear on what grounds Williams is basing his appeal.
What is clear is that Williams wishes to proceed on appeal with a public defender in Indiana Appellate Court. Koenig said Judge Sobecki will review the notice of appeal and authorize transcripts for the appellate court.
"Ultimately, the appellate court will decide if he can appeal," Koenig said.
He said the state attorney general's office will handle the response from the state.
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