Aaron L. Fansler v. State of Indiana

81 N.E.3d 671, 2017 WL 3259754, 2017 Ind. App. LEXIS 321
CourtIndiana Court of Appeals
DecidedAugust 1, 2017
DocketCourt of Appeals Case 27A02-1610-CR-2325
StatusPublished
Cited by3 cases

This text of 81 N.E.3d 671 (Aaron L. Fansler v. State of Indiana) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aaron L. Fansler v. State of Indiana, 81 N.E.3d 671, 2017 WL 3259754, 2017 Ind. App. LEXIS 321 (Ind. Ct. App. 2017).

Opinion

Mathias, Judge.

Aaron L. Fansler (“Fansler”) was convicted after a jury trial in Grant Circuit Court of dealing heroin and other drug crimes, and was sentenced to ten years in the Department of Correction. Fansler now appeals the admission of two self-incriminating statements and the exercise of the court’s sentencing discretion.

We affirm.

Facts and Procedural Posture

On June 18, 2015, Fansler received a request over a social media network to connect with a user who appeared to be a twenty-one-year-old woman named “Ken-zie Allen.” “Kenzie Allen” was in fact an unsworn member of a local law-enforce-' ment drug-crime task force conducting an undercover investigation. Fansler accepted the request. By private messages exchanged over the network, and.then by text messages over their cell phones, “Kenzie” invited Fansler to a room at a local hotel. The hotel owner was friendly with police and would allow them the use of a room for undercover operations without charge. “Kenzie” ■ wanted to buy two “points,” or1 tenths^ of a gram, of heroin from Fansler.

On the evening of June 19, 2015, lured by the prospects of sex, companionship, and a drug sale, Fansler went to the hotel room indicated by “Kenzie.” There, he found “Kenzie’s brother,” a Grant County sheriffs deputy and a member of the same drug-crime task force. “Kenzie” was not in the hotel room, but Fansler was assured she would arrive soon. As Fansler stepped outside the hotel .to wait, he was arrested by waiting law enforcement officers and taken back to “Kenzie’s” hotel room. Once inside, Fansler was interrogated and searched. Fansler had brought with him more than seven grams net weight of heroin, more than a dozen clona-zepam and oxycodone pills, numerous empty plastic bags, a digital scale, a hypodermic syringe, a tourniquet, and more than two hundred dollars cash.

On June 24, 2015, Fansler was charged by information in Grant Circuit Court with Level 3 possession of heroin with intent to deliver, Level 6 felony possession of heroin, Class A misdemeanor possession of a controlled substance, and Class A misdemeanor possession of paraphernalia. Fanslér’s case was tried to a Grant County jury over two days, August 1 and August 2, 2016. Fansler admitted the possession but denied the intent to deliver, and raised the affirmative defense of entrapment. However, the jury was not persuaded and found him guilty as charged on all four counts.

At a sentencing hearing on September 9, 2016, Fansler was sentenced to a thirteen-year, term on the dealing charge, *674 ten years executed in the Department of Correction and three years suspended. Fansler was further sentenced to concurrent terms of two years executed for possession of heroin, one year executed for possession of a controlled substance, and one year executed for possession of paraphernalia. This appeal timely followed.

Discussion and Decision

Fansler presents two issues for our review: whether the trial court abused its discretion by admitting two self-incriminating statements made by Fansler to law enforcement officers after being Miran-dized in the hotel room, over Fansler’s objection on the basis of Indiana Evidence Rule 617; and whether the sentencing court abused its discretion by failing to find a significant mitigating circumstance clearly supported by the record and advanced for consideration.

I. Admission of Fansler’s Statements Was Harmless Error

At trial, a witness for the State testified to two self-incriminating statements made by Fansler in the hotel room. The first was related as follows:

[State:] What questions were asked of [Fansler] after [the warning required by] Miranda [v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) ] was read to him?
[Defense objection overruled.]
[Witness:] I asked him where the two points of heroin were. 1
[State:] And what was his response?
[Witness:] Stated that they should be in the baggies.

Tr. Vol. I, p. 147. Two packages of heroin weighing two tenths of a gram net each were recovered from a cigarette pack carried by Fansler.

From the same cigarette pack, law enforcement recovered “another clear plastic baggy that contained a large amount of gray compressed powder[,]” eventually determined to be more heroin. Id. at 149. In connection with this larger package, Fansler’s second statement was related by the same witness as follows:

[State:] Did you ask [Fansler] about the large compressed powder when you found it?
[Witness:] I did.
[State:] What did you ask him?
[Witness:] I asked him why he didn’t tell us about that item being in the cigarettes in his possession.
[State:] And what did he say?
[Witness:] He didn’t want to get caught with it. He didn’t want to go jail for it.

Id. at 152.

Oh appeal, Fansler claims the trial court reversibly erred by admitting these statements contrary to the mandate of Indiana Evidence Rule 617. We review challenges to admission of evidence at trial for prejudicial abuse of the trial court’s discretion. Williams v. State, 43 N.E.3d 578, 581 (Ind. 2015). A trial court abuses its discretion by ruling in a way clearly against the logic and effect of the facts and circumstances before it, or by misinterpreting the law. Id. In reviewing whether an abuse of discretion was prejudicial, we assess the probable impact of the improperly admitted evidence on the jury in light of the properly admitted evidence. Id. If the conviction is supported by independent, properly admitted evidence of guilt such that there is little likelihood the improperly admitted evidence contributed to the verdict, the error is harmless. Blount v. State, 22 N.E.3d 559, 564 (Ind. 2014).

*675 Indiana Evidence Rule 617 provides that, “[i]n a felony criminal prosecution, evidence of a statement made by a person during a Custodial Interrogation in a Place of Detention shall not be admitted against the person unless an Electronic Recording of the statement was made, preserved, and is available at trial, except upon clear and convincing proof’ that one of several exceptions applies. Ind. Evidence Rule 617(a). One such exception is for statements made as “part of a routine processing or ‘booking1 of the person[.]” Id. at (a)(1). A “Place of Detention” is “a jail, law enforcement agency station house, or any other stationary or mobile building owned or operated by a law enforcement agency at which persons are detained in connection with criminal investigations.” Id.

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Related

Brenzell Bell v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2018
Aaron L. Fansler v. State of Indiana
100 N.E.3d 250 (Indiana Supreme Court, 2018)

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81 N.E.3d 671, 2017 WL 3259754, 2017 Ind. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-l-fansler-v-state-of-indiana-indctapp-2017.