Matthew A. Johnson v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: December 19, 2018
• Docket: 18A-CR-2023
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Dec 19 2018, 9:09 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 Justin R. Wall Curtis T. Hill, Jr. Wall Legal Services Attorney General of Indiana Huntington, Indiana Tiffany McCoy Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Matthew A. Johnson, December 19, 2018 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2023 v. Appeal from the Wabash Circuit Court State of Indiana, The Honorable Robert R. Appellee-Plaintiff. McCallen III, Judge Trial Court Cause No. 85C01-1802-F5-220

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2023 | December 19, 2018 Page 1 of 4 Case Summary [1] After pleading guilty to Level 5 felony battery resulting in injury to a public

safety officer, Matthew A. Johnson was sentenced to a four-year term of

incarceration. Johnson contends on appeal that his sentence is inappropriate.

Because we conclude otherwise, we affirm.

Facts and Procedural History [2] Beginning on January 18, 2018, Johnson was confined at the Wabash County

Jail for pending charges of domestic battery, theft, and eleven counts of

invasion of privacy. On February 17, 2018, while two corrections officers were

speaking to another inmate just outside of the cell doors, Johnson crossed a

yellow line that inmates know not to cross, grabbed a bar near the door for

leverage, and kicked the door open with his right foot. The door struck Officer

Denver Brown in the arm causing redness, partially torn skin, and bruising.

Johnson was then observed laughing, giving another inmate a fist bump, and

giving the middle finger to a surveillance camera.

[3] On February 26, 2018, the State charged Johnson with Level 5 felony battery

resulting in injury to a public safety officer. Johnson subsequently pled guilty.

The trial court accepted Johnson’s plea and sentenced him to a four-year term

of incarceration.

Discussion and Decision

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2023 | December 19, 2018 Page 2 of 4 [4] Johnson contends that his four-year sentence is inappropriate. Indiana

Appellate Rule 7(B) provides that “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.” In analyzing such claims, we “‘concentrate less on

comparing the facts of [the case at issue] to others, whether real or hypothetical,

and more on focusing on the nature, extent, and depravity of the offense for

which the defendant is being sentenced, and what it reveals about the

defendant’s character.’” Paul v. State, 888 N.E.2d 818, 825 (Ind. Ct. App. 2008)

(quoting Brown v. State, 760 N.E.2d 243, 247 (Ind. Ct. App. 2002), trans. denied).

The defendant bears the burden of persuading us that his sentence is

inappropriate. Sanchez v. State, 891 N.E.2d 174, 176 (Ind. Ct. App. 2008).

[5] Following his conviction for a Level 5 felony, Johnson could have been

sentenced to a maximum sentence of six years. See Ind. Code § 35-50-2-6(b)

(providing that a person who commits a Level 5 felony “shall be imprisoned for

a fixed term of between one (1) and six (6) years, with the advisory sentence

being three (3) years). Johnson claims that his slightly enhanced four-year

sentence is inappropriate because his actions were “not exactly egregious due to

the fact that Officer Brown only suffered a minor abrasion to his arm” and did

not require any additional medical treatment. Appellant’s Br. p. 15. While

Officer Brown may have been lucky enough to avoid serious injury, Johnson’s

actions were nonetheless serious. While incarcerated and without any stated

provocation, Johnson forcibly kicked a jail cell door, striking Officer Brown.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2023 | December 19, 2018 Page 3 of 4 [6] As for Johnson’s character, the record reveals that Johnson had two prior

misdemeanor convictions and a prior probation violation. In addition, at the

time he committed the incident in question, Johnson had thirteen pending

criminal charges. Further, while Johnson claims to be remorseful, his actions

immediately after the incident suggest otherwise. The record reveals that

immediately after kicking the cell door, Johnson was laughing and gave a fist

bump to another inmate before turning to give the middle finger to the security

camera. Johnson has failed to convince us that his four-year sentence is

inappropriate.

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

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

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2023 | December 19, 2018 Page 4 of 4