Jason J. Green v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 22, 2017
• Docket: 02A03-1608-CR-2015
• 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 court except for the purpose of establishing Feb 22 2017, 6:46 am

the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Donald J. Frew Curtis T. Hill, Jr. Fort Wayne, Indiana Attorney General of Indiana

Kelly A. Loy Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Jason J. Green, February 22, 2017 Appellant-Defendant, Court of Appeals Case No. 02A03-1608-CR-2015 v. Appeal from the Allen Superior Court State of Indiana, The Honorable Frances C. Gull, Appellee-Plaintiff Judge Trial Court Cause No. 02D05-1503-F5-94

Vaidik, Chief Judge.

Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 1 of 5 Case Summary [1] Jason Green appeals his five-year sentence for corrupt business influence, a

Level 5 felony, and two counts of forgery, a Level 6 felony. He argues that his

sentence is inappropriate in light of the nature of the offenses and his character.

We affirm.

Facts and Procedural History [2] While on probation for dealing in and possession of a schedule I, II, III, or IV

controlled substance, Green and nine other individuals were involved in

manufacturing counterfeit “Pull Tab” games,1 which they presented at local

bars and taverns for payment. The operation ran for approximately eight

months. During this time, he defrauded at least twenty-five different bars or

taverns across nine different Indiana counties and collected a total of $17,706.

Green was arrested for his involvement in the counterfeiting operation and

charged with corrupt business influence, a Level 5 felony, and two counts of

forgery, a Level 6 felony. Green pled guilty to the charges. The court deferred

his sentencing and placed Green in the Allen County drug-court program.

1 “Pull Tab” games can only be purchased at bars or taverns where patrons under the age of twenty-one are prohibited from entering. Purchasers of “Pull Tabs” have the possibility of winning up to $599.00. “Pull Tabs” are issued by the Indiana Alcohol and Tobacco Commission. Ind. Alcohol & Tobacco Comm’n, Type II Gaming Rule (Apr. 6, 2010), http://www.in.gov/atc/2700.htm (last visited Jan. 31, 2017).

Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 2 of 5 [3] Green was in the drug-court program for approximately one year. During that

time, he violated the program’s rules on three separate occasions, each time

being sent to jail for his violation. The case manager for the drug court

petitioned the court to terminate Green’s participation in the drug-court

program because of his continued inability to follow the program’s rules. The

court granted the petition and held a sentencing hearing on the corrupt business

influence and forgery convictions.

[4] At the hearing, Green asked to be sentenced to a term of four years, with two

years executed and two years suspended. He argued that he was remorseful for

his crimes and that he had made progress through his therapy sessions. The

State, however, requested that Green be sentenced to a term of five years, all

executed in the Department of Correction, citing his criminal history and failed

attempts at rehabilitation. In setting Green’s sentence, the court found three

mitigating circumstances: Green’s plea of guilty; his conduct at the inception of

the case; and the genuine remorse Green expressed during sentencing. The

court also found multiple aggravating factors: Green’s criminal record spanned

twenty-six years, dating back to 1990, and included two juvenile adjudications,

four misdemeanors, and four felonies; Green was on probation when he

committed these offenses; and Green had failed multiple attempts at

rehabilitation through services like juvenile probation, Boys School, Hope

Probation Program, adult probation, and the drug-court program. Green was

sentenced to concurrent terms of five years for corrupt business influence and

Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 3 of 5 two years for each forgery conviction, all executed in the Department of

Correction.

[5] Green appeals.

Discussion and Decision [6] Green contends that his five-year sentence is inappropriate and asks us to revise

it pursuant to 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 and the character of the offender.” We give the trial court

“considerable deference” in sentencing matters. Norris v. State, 27 N.E.3d 333,

335-36 (Ind. Ct. App. 2015). “Whether a sentence is inappropriate ultimately

turns on the culpability of the defendant, the severity of the crime, the damage

done to others, and a myriad of other factors that come to light in a given case.”

Schaaf v. State, 54 N.E.3d 1041, 1045 (Ind. Ct. App. 2016). The defendant bears

the burden of persuading us that his sentence is inappropriate. Id.

[7] Our starting point for determining if a sentence is appropriate is the statutory

range set by the legislature for that class of offense. Richardson v. State, 906

N.E.2d 241, 247 (Ind. 2009). The statutory range for a Level 5 felony is one to

six years, with an advisory sentence of three years, Ind. Code § 35-50-2-6(b),

and the statutory range for a Level 6 felony is six months to two-and-a-half

years, with an advisory sentence of one year. Ind. Code § 35-50-2-7(b).

Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 4 of 5 [8] Green has not persuaded us that his sentence is inappropriate. His

counterfeiting operation ran for approximately eight months, spanned at least

nine counties, and defrauded at least twenty-five businesses for a total of over

$17,000. His deception required extensive planning and coordination to

deceive small businesses across Indiana. Furthermore, the trial court found

multiple aggravating factors. Green has an extensive criminal history that dates

back to 1990 and includes two juvenile adjudications, four misdemeanors, and

four felonies. As a juvenile, he was given multiple opportunities to participate

in rehabilitation services through juvenile probation and Boys School. Those

opportunities continued as an adult through adult probation, Hope Probation

Program, and the drug-court program. Despite his participation in these

programs, Green has continued to break the law; he was on probation when he

committed the current offenses. While Green did plead guilty and the trial

court found him to be genuinely remorseful for his crimes, this is not enough to

outweigh his past or the nature of the current crimes.

[9] Affirmed.

Bradford, J., and Brown, J., concur.

Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 5 of 5