Esmeralda Ibarra v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 20, 2018
• Docket: 03A01-1711-CR-2704
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Apr 20 2018, 10:25 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE James A. Shoaf Curtis T. Hill, Jr. Columbus, Indiana Attorney General of Indiana Matthew B. Mackenzie Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Esmeralda Ibarra, April 20, 2018 Appellant-Defendant, Court of Appeals Case No. 03A01-1711-CR-2704 v. Appeal from the Bartholomew Superior Court State of Indiana, The Honorable James D. Worton, Appellee-Plaintiff Judge Trial Court Cause No. 03D01-1704-F6-2279

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 03A01-1711-CR-2704 | April 20, 2018 Page 1 of 4 [1] Esmeralda Ibarra appeals the sentence she received after pleading guilty to

Possession of Methamphetamine,1 a Level 6 Felony. Ibarra argues that the

sentence is inappropriate in light of the nature of the offense and her character.

Finding that the sentence is not inappropriate, we affirm.

Facts [2] On February 7, 2017, Ibarra was stopped by police for driving without a

working license plate light. Officer Travis Harbaugh asked for her name and

she stated that her name was Michelle Pendaz. He ran the name through the

Bureau of Motor Vehicles and noticed that Pendaz’s photograph did not match

Ibarra. He questioned Ibarra, who then revealed her real name and that there

was a warrant for her arrest. Officer Harbaugh confirmed the warrant and

searched Ibarra. During his search, he found two small baggies of a white

crystal-like substance. A field test revealed that both baggies contained

methamphetamine.

[3] On April 21, 2017, the State charged Ibarra with Level 6 felony possession of

methamphetamine and Class B misdemeanor false informing. On September

11, 2017, Ibarra pleaded guilty to Level 6 felony possession of

methamphetamine in exchange for the dismissal of the Class B misdemeanor

false informing charge. She was ordered to report to the probation department

but failed to show up because of her continued use of methamphetamine. On

1 Ind. Code § 35-48-4-6.1.

Court of Appeals of Indiana | Memorandum Decision 03A01-1711-CR-2704 | April 20, 2018 Page 2 of 4 October 10, 2017, Ibarra also failed to appear for her sentencing hearing. On

October 25, 2017, the trial court sentenced Ibarra to two years and twenty-eight

days imprisonment. Ibarra now appeals.

Discussion and Decision [4] Ibarra argues that the sentence imposed by the trial court is inappropriate in

light of the nature of the offense and her character. Indiana Appellate Rule 7(B)

gives this Court the authority to revise a sentence if it is inappropriate in light of

the nature of the offense and the character of the offender. We must “conduct

[this] review with substantial deference and give ‘due consideration’ to the trial

court’s decision – since the principal role of [our] review is to attempt to leaven

the outliers,’ and not to achieve a perceived ‘correct’ sentence. . . .” Knapp v.

State, 9 N.E.3d 1274, 1292 (Ind. 2014) (quoting Chambers v. State, 989 N.E.2d

1257, 1259 (Ind. 2013)) (internal citations omitted).

[5] For a Level 6 felony conviction, Ibarra faced a sentence of six months to two

and one-half years imprisonment, with an advisory term of one year. I.C. § 35-

50-2-7(b). The trial court imposed a sentence of two years and twenty-eight

days.

[6] Regarding the nature of the offense, Ibarra had two bags of methamphetamine

on her person at the time of her arrest. Additionally, she lied to Officer

Harbaugh about her identity in order to avoid arrest.

[7] With respect to Ibarra’s character, she has an extensive criminal history that

dates back to 1996. She has amassed nearly twenty different convictions, Court of Appeals of Indiana | Memorandum Decision 03A01-1711-CR-2704 | April 20, 2018 Page 3 of 4 including six felony convictions, across several different states and multiple

counties. Among other offenses, she has been convicted of theft, burglary of a

vehicle, possession of a controlled substance, conversion, and operating a

vehicle while intoxicated. Additionally, Ibarra testified that she had been

kicked out of substance abuse treatment programs and had never completed a

term of probation without multiple violations.

[8] Ibarra’s extensive criminal history shows that despite many chances over many

years, she is unable or unwilling to abide by the rule of law. Moreover, she

knowingly failed to appear for sentencing and continued to use illegal

substances during the pre-trial period, showing a lack of desire to reform her

behavior. Under these circumstances, we find that the two-year and twenty-

eight-day sentence imposed by the trial court is not inappropriate in light of the

nature of the offense and Ibarra’s character.

[9] The judgment of the trial court is affirmed.

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

Court of Appeals of Indiana | Memorandum Decision 03A01-1711-CR-2704 | April 20, 2018 Page 4 of 4