Opinion
21A-CR-1566
04-14-2022
Jay D. Lovins, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney for Appellant Zachary F. Stewart Jeffersonville, Indiana Attorneys for Appellee Theodore E. Rokita Attorney General of Indiana Courtney Staton 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.
Appeal from the Orange Circuit Court The Honorable Steven L. Owen, Judge Trial Court Cause No. 59C01-1704-F2-426
Attorney for Appellant Zachary F. Stewart Jeffersonville, Indiana
Attorneys for Appellee Theodore E. Rokita Attorney General of Indiana Courtney Staton Deputy Attorney General Indianapolis, Indiana
MEMORANDUM DECISION
Bradford, Chief Judge.
Case Summary
[¶1] In April of 2017, law enforcement, operating on a tip, stopped a vehicle driven by Jay Lovins in Paoli and found almost twenty-four grams of methamphetamine inside. Lovins pled guilty to, and the trial court entered a judgment of conviction for, a single charge of Level 2 felony dealing in methamphetamine. The Orange County Probation Department prepared a presentence-investigation report ("PSI") on Lovins, which revealed Lovins's lengthy, multi-state criminal history. Lovins was sentenced to twenty years of incarceration. Lovins argues that the trial court abused its discretion in overlooking certain mitigating circumstances the trial court abused its discretion by relying on improper aggravating circumstances, and his sentence is inappropriate. Because the trial court did not abuse its discretion in weighing the mitigating circumstances in determining his sentence, the trial court did not rely on improper aggravating circumstances, and his sentence was not inappropriate, we affirm.
Facts and Procedural History
[¶2] In April of 2017, the Orange County Sherriff's Department received information indicating that Lovins planned to bring methamphetamine into Paoli. Eventually, Chief Randy Sanders of the Paoli Police Department located a vehicle matching the description of Lovins's vehicle, initiated a traffic stop, and executed a lawful search of the vehicle. Law enforcement officers recovered 23.97 grams of crystal-like powder, which was sent to the Indiana State Police Laboratory for testing, where it was confirmed to be methamphetamine.
[¶3] Lovins was initially charged with Level 2 felony dealing in methamphetamine, Level 4 felony possession of methamphetamine, and Level 6 felony maintaining a common nuisance. Lovins agreed to plead guilty to the Level 2 felony charge and, in exchange, the State agreed to drop the two remaining charges. As to sentencing, the plea agreement was "open" and did not contain any sentencing recommendation. The Probation Department prepared a PSI on Lovins that detailed his lengthy, multi-state criminal history. Lovins and his counsel had the opportunity to review the PSI and confirmed that it was accurate and that they had no significant additions, corrections