Anthony Armacost v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: May 18, 2015
• Docket: 15A04-1410-CR-512
• Status: Published

Opinion

MEMORANDUM DECISION May 18 2015, 9:41 am 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 ATTORNEYS FOR APPELLEE Leanna Weissman Gregory F. Zoeller Lawrenceburg, Indiana Attorney General of Indiana Christina D. Pace Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Anthony Armacost, May 18, 2015

Appellant-Defendant, Court of Appeals Case No. 15A04-1410-CR-512 v. Appeal from the Dearborn Superior Court 2 State of Indiana, The Honorable Sally A. Blankenship, Judge Appellee-Plaintiff. Case No. 15D02-1206-FD-287

Vaidik, Chief Judge.

Case Summary [1] Anthony Armacost appeals the two-and-one-half-year sentence imposed after

he pled guilty to receiving stolen property. He specifically argues that his

Court of Appeals of Indiana | Memorandum Decision 15A04-1410-CR-512 | May 18, 2015 Page 1 of 4 sentence is inappropriate. Based on Armacost’s extensive criminal history that

spans fifteen years, we conclude that the sentence imposed in this case is not

inappropriate.

Facts and Procedural History [2] In September 2014, thirty-eight-year-old Armacost pled guilty to receiving

stolen property as a Class D felony after he stole a gas weed trimmer in Ohio

and sold it at a pawn shop in Indiana. At the sentencing hearing, the evidence

revealed that Armacost has an extensive fifteen-year criminal history that

includes seven prior felony convictions in Ohio and Kentucky for aggravated

assault, driving under the influence, resisting arrest, trafficking in marijuana,

breaking and entering, and two counts of theft. He also has misdemeanor

convictions in Ohio for drug abuse, disorderly conduct, possession of cocaine,

and resisting arrest. He has two probation violations and seven community-

corrections violations. Armacost committed theft, breaking and entering, and

burglary in Ohio after committing the offense in this case. After hearing this

evidence, the trial court sentenced Armacost to two-and-one-half years for Class

D felony receiving stolen property.

[3] Armacost appeals.

Discussion and Decision [4] Armacost’s sole argument is that his two-and-one-half-year executed sentence is

inappropriate. The Indiana Constitution authorizes independent appellate Court of Appeals of Indiana | Memorandum Decision 15A04-1410-CR-512 | May 18, 2015 Page 2 of 4 review and revision of the trial court’s sentencing decision. Brown v. State, 10

N.E.3d 1, 4 (Ind. 2014). We implement this authority through Indiana

Appellate Rule 7(B), which provides that we may revise a sentence authorized

by statute if, after due consideration of the trial court’s decision, we find the

sentence inappropriate in light of the nature of the offense and the character of

the offender. Id. Armacost bears the burden on appeal of showing us that his

sentence is inappropriate. See Childress v. State, 848 N.E.2d 1073, 1080 (Ind.

2006).

[5] Here, concerning the nature of the offense, Armacost stole a gas weed trimmer

in Ohio and sold it at an Indiana pawn shop. Although this offense is not

particularly egregious, it is Armacost’s character that militates against any

downward revision in his sentence.

[6] When considering the character of the offender, a relevant consideration is the

defendant’s criminal history. Rutherford v. State, 866 N.E.2d 867, 874 (Ind. Ct.

App. 2007) (explaining that even a minor criminal history reflects poorly on the

defendant’s character). The significance of a defendant’s prior criminal history

will vary based on the gravity, nature, and number of prior offenses as they

relate to the current offense. Smith v. State, 889 N.E.2d 261, 263 (Ind. 2008).

[7] Armacost has seven prior felony convictions, including two for theft and one

for breaking and entering. He also has several misdemeanor convictions and

probation violations as well as seven community-corrections violations. After

committing the offense in this case, Armacost committed theft, breaking and

Court of Appeals of Indiana | Memorandum Decision 15A04-1410-CR-512 | May 18, 2015 Page 3 of 4 entering, and burglary in Ohio. Clearly, Armacost has not reformed his

criminal behavior despite his numerous contacts with the criminal-justice

system. See Abbott v. State, 961 N.E.2d 1016, 1020 (Ind. 2012). In light of the

nature of the offense and his character, Armacost has failed to persuade us that

his sentence is inappropriate.

[8] Affirmed.

Kirsch, J., and Bradford, J., concur.

Court of Appeals of Indiana | Memorandum Decision 15A04-1410-CR-512 | May 18, 2015 Page 4 of 4