Braden Winters v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 2, 2019
• Docket: 18A-CR-2463
• Status: Published

Opinion

MEMORANDUM DECISION FILED Pursuant to Ind. Appellate Rule 65(D), Apr 02 2019, 10:05 am

this Memorandum Decision shall not be CLERK regarded as precedent or cited before any Indiana Supreme Court Court of Appeals and Tax Court 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 Donald E.C. Leicht Curtis T. Hill, Jr. Kokomo, Indiana Attorney General of Indiana

Marjorie Lawyer-Smith Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Braden Winters, April 2, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2463 v. Appeal from the Howard Circuit Court State of Indiana, The Honorable Lynn Murray, Appellee-Plaintiff. Judge Trial Court Cause No. 34C01-1706-F1-117

Shepard, Senior Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2463 | April 2, 2019 Page 1 of 5 [1] Braden Winters appeals the sixteen-year sentence the trial court imposed after 1 he pleaded guilty to aggravated battery, a Level 3 felony. We affirm.

[2] On the night of May 27, 2017, nineteen-year-old Braden Winters was with

Armando Shields at a self-storage facility in Kokomo, Indiana. They met

Austin Mealer, a friend of Winters. The three men smoked a joint.

[3] Next, they went behind the storage units, where Shields and Winters donned

gloves and robbed Mealer at gunpoint, taking his mobile phone and $200-300 in

cash. Shields shot Mealer in the forehead, and then Winters shot Mealer in the

back of his head as he lay on the ground. After Winters and Shields fled,

Mealer stood up and sought help. He later identified Winters and Shields as the

men who attacked him. Mealer developed frequent headaches and trouble

sleeping as a result of his injuries, and he further stated he felt paranoid and

afraid to leave his home.

[4] An arrest warrant was issued for Winters. On July 14, 2017, while he was still

being sought by police, Winters stated on a social media website he was

“feeling excited,” and further proclaimed, “Why they want me so bad. Make

[sic] me feel special. All eyes on me!” Tr. Vol. III, State’s Ex. 1. The United

States Marshals Service arrested Winters on July 20.

1 Ind. Code § 35-42-2-1.5 (2014).

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2463 | April 2, 2019 Page 2 of 5 [5] The State charged Winters with attempted murder, a Level 1 felony, and

robbery resulting in serious bodily injury, a Level 2 felony. The parties

negotiated a plea agreement. Winters agreed to plead guilty to aggravated

battery, a Level 3 felony, and the State agreed to dismiss the Level 1 and Level

2 felonies. The trial court accepted the agreement and sentenced Winters to

sixteen years, suspending one year to community corrections.

[6] Winter argues his sentence is inappropriate and asks us to reduce it to twelve

years, consisting of six years executed, two years served on in-home detention,

and four years of supervised probation. Indiana Appellate Rule 7(B) authorizes

the Court to revise a sentence “authorized by statute if, after due consideration

of the trial court’s decision, the Court finds that the sentence is inappropriate in

light of the nature of the offense and the character of the offender.” A

defendant bears the burden of persuading this Court that the sentence meets the

inappropriateness standard. Childress v. State, 848 N.E.2d 1073 (Ind. 2006).

Our resolution of whether a sentence is appropriate turns on myriad factors,

including our evaluation of the culpability of the defendant, the severity of the

crime, and the damage done to others. Cardwell v. State, 895 N.E.2d 1219 (Ind.

2008).

[7] At the time Winters shot Mealer, a person who committed a Level 3 felony

could be sentenced to a term of between three and sixteen years, with the

advisory sentence being nine years. Ind. Code § 35-50-2-5 (2014). The trial

court sentenced Winters to the maximum, suspending one year to community

corrections.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2463 | April 2, 2019 Page 3 of 5 [8] The nature of the offense is distressing. Winters, along with Shields, ambushed

and robbed his friend Mealer. They brought gloves with them, which

demonstrates a degree of planning. Shields shot Mealer in the forehead, and

Winters shot him in the back of the head as he lay on the ground. Winters fled

rather than seek help for Mealer. Further, Winters failed to turn himself in,

choosing instead to brag on social media about being “excited” because law

enforcement was looking for him.

[9] Mealer’s near-fatal injuries have left him physically and psychologically scarred.

His doctors had to leave one of the rounds in his head and do not know if his

chronic severe headaches will go away. Mealer’s employment prospects are

further hampered because he is afraid to leave his house.

[10] Turning to the character of the offender, Winters has no adult criminal history,

but he has a steady juvenile record. In 2013, he was adjudicated a delinquent

for an act of criminal mischief, a Class D felony, if committed by an adult.

That same year, Winters was adjudicated a delinquent for acts of battery, a

Class B misdemeanor, and criminal trespass, a Class A misdemeanor, if

committed by an adult. He was placed on probation and later violated the

terms of probation. Finally, in 2015, Winters was adjudicated a delinquent for

acts of theft, resisting law enforcement, and possession of alcohol while

underage, all misdemeanors, if committed by an adult. Winter has been unable

to stay out of trouble for more than a few years at a time, despite ample

opportunities to reform his conduct. In addition, he regularly consumed

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2463 | April 2, 2019 Page 4 of 5 controlled substances including marijuana, heroin, and methamphetamine

despite receiving substance abuse treatment.

[11] Winters claims he is learning disabled, but: (1) he did not present this argument

at sentencing; and (2) he does not identify a link between his learning disability

and the grievous offense he committed. He has failed to demonstrate his

sentence is inappropriate.

[12] For the reasons stated above, we affirm the judgment of the trial court.

Bailey, J., and Brown, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2463 | April 2, 2019 Page 5 of 5