Christi Lee Scott v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: July 18, 2017
• Docket: 82A01-1612-CR-2939
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 18 2017, 9:26 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Karen M. Heard Curtis T. Hill, Jr. Vanderburgh County Attorney General of Indiana Public Defenders Office Christina D. Pace Evansville, Indiana Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Christi Lee Scott, July 18, 2017 Appellant-Defendant, Court of Appeals Case No. 82A01-1612-CR-2939 v. Appeal from the Vanderburgh Circuit Court State of Indiana, The Honorable Kelli E. Fink Appellee-Plaintiff Magistrate Trial Court Cause No. 82C01-1603-F4-1792

Kirsch, Judge.

Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 1 of 4 [1] Christie Lee Scott entered a plea of guilty to Burglary as a Level 4 felony 1 and

Theft as a Level 6 felony.2 She was sentenced to concurrent sentences six years

and two years. Contending that her sentence is inappropriate in light of the

nature of her offenses and her character, she now appeals. Concluding that her

sentence is not inappropriate, we affirm.

Facts and Procedural History [2] On March 25, 2016, Scott knocked on the door of the residence of Tim

Crabtree and asked him for money or a cigarette. Crabtree declined. Scott left,

but returned a short time later accompanied by Jermon Weathers. Crabtree felt

uncomfortable and retrieved his gun before answering the door. Scott and

Weathers pushed past Crabtree and entered the house. When they would not

leave, Crabtree left and went to a neighbor’s house where he called 911. Police

responded and apprehended Scott and Weathers a short time later in possession

of a laptop computer, cell phone and loose change that they had taken from

Crabtree’s home.

[3] Scott pleaded guilty to Burglary and Theft. The trial court found that the

aggravating factor of her criminal history outweighed the mitigating factors of

1 See Ind. Code § 35-43-2-1. 2 See Ind. Code § 35-43-4-2(a).

Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 2 of 4 accepting responsibility and pleading guilty, expressing remorse and taking

steps to seek help.

Discussion and Decision [4] Article 7, Sections 4 and 6 of the Indiana Constitution authorizes independent

appellate review and revision of criminal sentences. Trainor v. State, 950 N.E.2d

352, 355 (Ind. Ct. App. 2011), trans. denied. This authority is implemented by

Indiana Appellate Rule 7 (B) which provides, “The Court may 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

or the character of the offender.” The defendant bears the burden of persuading

this court that his or her sentence is inappropriate. Childress v. State, 848 N.E.

1073, 1080 (Ind. 2006).

[5] Looking at the nature of her offense, we see that she knew her victim in this

case, that he had helped her in the past, and that, when he declined to give her

money or a cigarette on this occasion, she returned with a companion and

forced their way into the victim’s residence. They stole a laptop computer, a

cell phone, lottery tickets, and loose change.

[6] Looking at her character, we see that she has an extensive criminal history

which started in 1991. Included in that history are four felony convictions and

twenty-nine misdemeanor convictions.

Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 3 of 4 [7] Scott has not met her burden of persuading us that her six-year sentence is

inappropriate in light of the nature of her offenses or her character.

Accordingly, the sentence is affirmed.

[8] Affirmed.

Mathias, J., and Altice, J., concur.

Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 4 of 4