Mata v. State

866 N.E.2d 346, 2007 Ind. App. LEXIS 1014, 2007 WL 1429146
CourtIndiana Court of Appeals
DecidedMay 16, 2007
DocketNo. 45A05-0606-CR-317
StatusPublished
Cited by2 cases

This text of 866 N.E.2d 346 (Mata v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mata v. State, 866 N.E.2d 346, 2007 Ind. App. LEXIS 1014, 2007 WL 1429146 (Ind. Ct. App. 2007).

Opinion

OPINION

HOFFMAN, Senior Judge.

Defendant-Appellant Louis A. Mata, Jr. (“Defendant”) appeals from the trial court’s sentencing order after Defendant pled guilty to battery, a Class C felony, [348]*348Ind.Code § 35-42-2-1.1

On December 23, 2005, Defendant and Jason Romer argued with George Mele at an apartment in Hammond, Indiana. Defendant hit Mele in the face with his fists and kicked Mele. Mele went to the hospital and incurred $2,000.00 in medical bills for his injuries. On December 25, 2005, the State filed one count of aggravated battery, a Class B felony against Defendant.

On May 10, 2006, Defendant and the State reached a plea agreement whereby Defendant would plead guilty to the amended charge of Class C felony battery. Immediately following the submission of the plea, the trial court heard argument and evidence before imposing a sentence. The trial court stated at the hearing and in the sentencing order various aggravating and mitigating circumstances found. Ultimately, the trial court sentenced Defendant to two and one half years in the Department of Correction and two and one half years in the sheriffs work release program.

Defendant first argues that the trial court erred by failing to identify all mitigating circumstances present in his situation and by failing to properly evaluate the aggravating and mitigating circumstances before imposing a sentence greater than the advisory sentence. Defendant claims that there was evidence of three mitigating circumstances; 1) Defendant’s alcoholism, 2) Defendant’s clinical depression, and 3) Defendant’s remorse, that should have been given consideration in reaching his sentence.

On April 25, 2005, the Indiana Legislature’s amendment of sentencing statute Ind.Code § 35-38-1-7.1(d) became effective. Ind.Code § 35-38-1-7.1(b) provides that the trial court may consider mitigating circumstances. However, a court may impose any sentence that is authorized by statute and permissible under the Constitution of the State of Indiana, regardless of the presence or absence of aggravating circumstances or mitigating circumstances. Ind.Code § 35-38-1 — 7.1(d). The trial court may impose any sentence within the sentencing range without regard to the presence or absence of such circumstances. Fuller v. State, 852 N.E.2d 22, 26 (Ind.Ct.App.2006). Because the new sentencing statute provides for a range with an advisory sentence rather than a fixed or presumptive sentence, a lawful sentence would be one that falls within the sentencing range for the particular offense. Id. citing Samaniego-Hernandez v. State, 839 N.E.2d 798, 805 (Ind.Ct.App.2005). Defendant’s five-year sentence was within the sentencing range for Class C felony battery. Therefore, the trial court did not err.

Defendant’s argument combines an argument in which he challenges the trial court’s sentencing statement and order, with a request that this court revise his sentence under our Ind. Appellate Rule 7(B) review. This court may revise a sentence after careful review of the trial court’s decision if it concludes that the sentence is inappropriate based on the nature of the offense and the character of the offender. App. R. 7(B).

Defendant argues that the trial court failed to consider as mitigating cir[349]*349cumstances Defendant’s alcoholism, his clinical depression, and his remorse. Sentencing decisions are left to the sound discretion of the trial court. Fuller, 852 N.E.2d at 26. When reviewing a sentencing statement this court is not limited to the written sentencing order but may examine the record as a whole to determine that the trial court made a sufficient statement of its reasons for selecting the sentence imposed. Shaw v. State, 771 N.E.2d 85, 88 (Ind.Ct.App.2002).

Defendant argues that the trial court must have failed to consider the mitigating circumstances at issue because those mitigating circumstances were not included in the written sentencing order. However, during the sentencing hearing, the trial court specifically found that Defendant’s alcoholism constituted a mitigating circumstance, and indicated as much in the transcript of that hearing. Therefore, Defendant’s argument regarding that mitigating circumstance does not require further review.

The transcript of the sentencing hearing also reveals that the trial court made reference to Defendant’s recent diagnosis of clinical depression. However, the trial court did not find that evidence to be significant enough to constitute a mitigating circumstance. An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record. Gray v. State, 790 N.E.2d 174, 177 (Ind.Ct.App.2003). Additionally, trial courts are not required to include within the record a statement that it considered all proffered mitigating circumstances, only those that it considered significant. Id.

As for Defendant’s argument regarding his remorse, the record reveals that Defendant made a brief apology to the victim and a brief statement at the sentencing hearing. Although there is some evidence of Defendant’s remorse, the trial court was in the best position to determine whether Defendant’s remorse was genuine, and therefore, significant enough to be found as a mitigating circumstance. Id.

Defendant received the benefit of pleading guilty to a Class C felony as opposed to the original charge, a Class B felony. Defendant committed the instant offense while he was on probation for another offense. Defendant’s criminal history includes eight misdemeanor convictions. The nature of the offense and the character of the offender suggest that the trial court correctly imposed a five-year sentence, one year above the advisory sentence for Class C felony battery.

Defendant also challenges the trial court’s restitution order. The trial court ordered Defendant to pay restitution to the hospital that treated Mele instead of directly to Mele.

Defendant did not object to the restitution component of the sentencing order at the time the trial court issued the order. In fact, the transcript reveals that Defendant argued that he was willing to pay restitution to the victim, and argued to have part of his sentence served on work release in order to make restitution payments at the end of his sentence. The State, therefore, argues that Defendant has waived this argument for appeal, and in fact, invited the error.

Generally speaking, a restitution order is within the trial court’s discretion, and we review that portion of a defendant’s sentence for an abuse of that discretion. Johnson v. State, 845 N.E.2d 147, 153 (Ind.Ct.App.2006).

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866 N.E.2d 346, 2007 Ind. App. LEXIS 1014, 2007 WL 1429146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mata-v-state-indctapp-2007.