Stephen L. Deverick v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: August 10, 2017
• Docket: 84A01-1703-CR-648
• 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 Aug 10 2017, 9:14 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Cara Schaefer Wieneke Curtis T. Hill, Jr. Wieneke Law Office, LLC Attorney General of Indiana Brooklyn, Indiana James B. Martin Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Stephen L. Deverick, August 10, 2017 Appellant-Defendant, Court of Appeals Case No. 84A01-1703-CR-648 v. Appeal from the Vigo Superior Court State of Indiana, The Honorable John T. Roach, Appellee-Plaintiff. Judge Trial Court Cause No. 84D01-1608-F4-2161

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision 84A01-1703-CR-648| August 10, 2017 Page 1 of 4 Case Summary [1] On August 5, 2016, Appellant-Defendant Stephen L. Deverick intentionally set

a home on fire while three individuals were inside. On August 16, 2016,

Appellee-Plaintiff the State of Indiana charged Deverick with two counts of

Level 4 felony arson and one count of Level 6 felony arson. On January 20,

2017, Deverick pled guilty to one count of Level 4 felony arson in exchange for

dropping the other counts and capping his sentence at ten years. On February

28, 2017, the trial court sentenced Deverick to ten years of incarceration.

Deverick contends that his sentence is inappropriate in light of the nature of the

offense and his character. Because we disagree, we affirm.

Facts and Procedural History [2] On August 5, 2016, Deverick set fire to a residence in Vigo County, Indiana.

The fire occurred in the early hours of the morning. None of the three

individuals inside of the home were injured, but the fire caused a total loss of

the home. On August 16, 2016, the State charged Deverick with three counts,

including: Count I, Level 4 felony arson; Count II, Level 4 felony arson, and;

Count III, Level 6 felony arson.

[3] On January 20, 2017, a plea agreement was filed with the trial court. Pursuant

to the agreement, Deverick agreed to plead guilty to Level 4 felony arson, as

charged in Count I. In exchange for his plea, the other charges were dropped

and Deverick’s sentence was capped at ten years. After hearing testimony and

Court of Appeals of Indiana | Memorandum Decision 84A01-1703-CR-648| August 10, 2017 Page 2 of 4 arguments from counsel, the trial court sentenced Deverick to ten years of

incarceration on February 28, 2017.

Discussion and Decision [4] Under Indiana Appellate Rule 7(B), “[t]he 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.” When reviewing 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 sentence, and what it reveals

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

App. 2008) (internal quotes and citations omitted). Deverick, as 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). As mentioned, Deverick was

sentenced to ten years of incarceration, two years below the statutory maximum

for Level 4 felonies.

[5] With respect to the nature of the offense, Deverick intentionally set fire to an

inhabited home in the early hours of the morning and made no attempt to warn

the individuals in the home or call for help. “The nature and circumstances of

this crime are frightening and [Daverick] walked across the street and watched”

the fire burn. Tr. p. 31. The fact that none of the occupants were injured or

killed is “sheer dumb luck.” Tr. p. 31. Moreover, Deverick’s actions destroyed

Court of Appeals of Indiana | Memorandum Decision 84A01-1703-CR-648| August 10, 2017 Page 3 of 4 a home that had been in the family over fifty years, leaving one of the victims

without the resources to recoup her loses. In light of this, the nature of the

offense is deplorable.

[6] As for his character, Deverick has an extensive history of arrests and contacts

with the criminal justice system over a period of twenty-five years. While

Deverick suggests that his criminal history is predominately due to his struggle

with addiction, there is no evidence in the record beyond Deverick’s claim

during sentencing. Moreover, his criminal history includes numerous crimes

involving aggression, violence, and dishonesty.

[7] The fact that Deverick pled guilty and took responsibility for his actions from

the outset are mitigating factors; however, they do not outweigh Deverick’s

significant criminal history and the harm that he has caused his victims. Based

upon the above-mentioned evidence, we conclude that Deverick failed to

establish that his sentence is inappropriate in light of his character and the

nature of his offense.

[8] We affirm the trial court’s judgment.

May, J., and Barnes, J., concur.

Court of Appeals of Indiana | Memorandum Decision 84A01-1703-CR-648| August 10, 2017 Page 4 of 4