Opinion
No. 18A04-1106-CR-316
12-14-2011
ALVAREZE ISOM, Appellant-Defendant, v. STATE OF INDIANA, Appellee-Plaintiff.
ATTORNEY FOR APPELLANT : MARK SMALL Indianapolis, Indiana ATTORNEYS FOR APPELLEE : GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT:
MARK SMALL
Indianapolis, Indiana
ATTORNEYS FOR APPELLEE:
GREGORY F. ZOELLER
Attorney General of Indiana
RICHARD C. WEBSTER
Deputy Attorney General
Indianapolis, Indiana
APPEAL FROM THE DELAWARE CIRCUIT COURT
The Honorable Richard A. Dailey, Judge
Cause No. 18C02-1003-FB-2
MEMORANDUM DECISION - NOT FOR PUBLICATION
CRONE , Judge
Case Summary
Alvareze Isom appeals the sentence imposed by the trial court following his guilty plea to class C felony robbery. He claims that his eight-year sentence, with four years executed and four years suspended to probation, is inappropriate in light of the nature of the offense and his character. Concluding that Isom has not met his burden to persuade us that his sentence is inappropriate, we affirm.
Facts and Procedural History
On March 7, 2010, Isom bought marijuana from Quentin Reed for fifty dollars. However, Isom felt that Reed "shorted" him on the amount of marijuana. Tr. at 39. Isom and an individual named Austin Roberts went to Reed's house with the intention to obtain either the marijuana Isom believed he had been shorted or to receive a return of some of the purchase money. Isom confronted Reed and threatened to use force against Reed in order to accomplish that objective. As Isom was taking property and money from Reed, a fight erupted, police were called, and Isom was arrested.
The State charged Isom with class B felony robbery, class D felony pointing a firearm, class A misdemeanor possession of marijuana, and class A misdemeanor carrying a handgun without a license. On January 6, 2011, Isom entered into a written plea agreement with the State pursuant to which Isom pled guilty to one count of class C felony robbery in exchange for the dismissal of all other charges. The parties also agreed that the executed portion of Isom's sentence would be capped at four years. On May 26, 2011, the trial court accepted Isom's guilty plea and sentenced Isom to an eight-year sentence, with four years executed and four years suspended to probation. This appeal followed.
Discussion and Decision
Isom's sole challenge on appeal is to the appropriateness of his sentence. Pursuant to Indiana Appellate Rule 7(B), we may revise a sentence authorized by statute if, after due consideration of the trial court's decision, we find that the sentence "is inappropriate in light of the nature of the offense and the character of the offender." The defendant bears the burden to persuade this Court that his or her sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). "[W]hether we regard a sentence as appropriate at the end of the day turns on our sense of the culpability of the defendant, the severity of the crime, the damage done to others, and myriad other factors that come to light in a given case." Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008).
Isom pled guilty to class C felony robbery, a lesser-included offense of the original charge of class B felony robbery. The sentencing range for a class C felony is a fixed term between two and eight years, with the advisory sentence being four years. Ind. Code § 3550-2-6. Isom asserts that his maximum eight-year sentence, with four years executed and four years suspended, is inappropriate in light of the nature of his offense. Regarding the nature of the offense, robbery is a serious felony with serious consequences. In short, this was a drug deal gone bad and it appears that Isom, a head-strong twenty-three-year-old, foolishly decided that violence was the solution to his problem. Isom knowingly and voluntarily planned and created a very dangerous situation that luckily did not escalate further because police were quickly summoned. While Isom denies that he threatened Reed with a handgun and although no one was injured during the robbery, those facts do not depreciate the seriousness and the potential seriousness of the offense. Significantly, when the nature of the offense is coupled with Isom's character, we are not persuaded that sentence revision is warranted.
Isom's character clearly supports the imposition of an eight-year sentence, with four years executed and four years suspended. As emphasized by the trial court in its sentencing statement, Isom has quite an extensive criminal history for someone of such a young age. This includes a juvenile history of numerous misdemeanors and felonies, as well as five adult misdemeanor convictions, and one class D felony conviction for carrying a handgun without a license. Isom admitted to being a regular marijuana user. He has been granted the grace of probation in the past but abused that privilege and violated his probation. Isom's repeat offenses demonstrate his unwillingness to change his behavior despite his continued involvement with the criminal justice system.
Isom's sentence, which includes four years of executed time, is within the statutory limits for a class C felony and specifically complies with the plea agreement. We will not second-guess the trial court's assessment of the circumstances, and conclude that the record supports the sentence imposed. Based upon the foregoing, Isom has failed to demonstrate that his sentence is inappropriate in light of the nature of the offense and his character. Accordingly, we decline the invitation to revise his sentence.
Affirmed. BAILEY, J., and MATHIAS, J., concur.