Velia Ann Burton v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: July 22, 2019
• Docket: 18A-CR-2962
• 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 Jul 22 2019, 9:20 am the defense of res judicata, collateral CLERK estoppel, or the law of the case. Indiana Supreme Court Court of Appeals and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Rebecca L. Gray Curtis T. Hill, Jr. The Law Offices of Rebecca Gray, LLC Attorney General of Indiana Carmel, Indiana Josiah Swinney Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Velia Ann Burton, July 22, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2962 v. Appeal from the Shelby Circuit Court State of Indiana, The Honorable Trent E. Meltzer, Appellee-Plaintiff. Judge Trial Court Cause No. 73C01-1803-F2-4

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2962| July 22, 2019 Page 1 of 4 Case Summary [1] In October of 2018, Velia Ann Burton was convicted of Level 2 felony dealing

in methamphetamine, Level 4 felony methamphetamine possession, and Level

6 felony maintaining a common nuisance. The trial court sentenced Burton to

nineteen years of incarceration. Burton contends that her sentence is

inappropriate in light of the nature of her offense and her character. We affirm.

Facts and Procedural History [2] In February of 2018, police officers executed a search warrant at the home

where Burton was residing and discovered Burton and her boyfriend lying in

bed. Officers also discovered a total of 27.25 grams of methamphetamine,

plastic baggies, scales, and various drug paraphernalia. Burton admitted to

dealing methamphetamine to twelve different individuals each month. In

March of 2018, the State charged Burton with Level 2 felony dealing in

methamphetamine, Level 4 felony methamphetamine possession, and Level 6

felony maintaining a common nuisance. In October of 2018, a jury trial was

held, after which Burton was found guilty as charged. In November of 2018, the

trial court merged the dealing and possession convictions and sentenced Burton

to an aggregate sentence of nineteen years of incarceration.

Discussion and Decision [3] Burton contends that her nineteen-year sentence is inappropriate. We may

revise a sentence if, “after due consideration of the trial court’s decision, the Court of Appeals of Indiana | Memorandum Decision 18A-CR-2962| July 22, 2019 Page 2 of 4 Court finds that the sentence is inappropriate in light of the nature of the offense

and the character of the offender.” Ind. Appellate Rule 7(B). “Sentencing is

principally a discretionary function in which the trial court’s judgment should

receive considerable deference.” Cardwell v. State, 895 N.E.2d 1219, 1222 (Ind.

2008) (internal citations omitted). The defendant bears the burden of proving

that her sentence is inappropriate in the light of both the nature of her offense

and her character. Gil v. State, 988 N.E.2d 1231, 1237 (Ind. Ct. App. 2013).

Burton was sentenced to nineteen years on her convictions of Level 2 felony

dealing in methamphetamine and Level 6 felony maintaining a common

nuisance. Burton faced a maximum punishment of thirty years on the Level 2

felony and two-and-one-half years on the Level 6 felony. See Ind. Code § 35-50-

2-4.5, Ind. Code § 35-50-2-7.

[4] The nature of Burton’s offense does not support a reduction in her sentence.

Burton was convicted of Level 2 felony dealing in methamphetamine after

police discovered 27.25 grams of methamphetamine in her home, which is far

greater than the amount needed to sustain the conviction. In addition, the

police recovered plastic baggies, scales, and various drug paraphernalia. Burton

also admitted to dealing the methamphetamine to twelve different individuals

each month.

[5] Burton’s character also does not support a reduction in her sentence. At thirty-

one years old, Burton has prior convictions for Level 6 felony auto theft, Class

D felony auto theft, three counts of Class D felony theft, Class A misdemeanor

possession of a controlled substance, Class A misdemeanor theft, and Class A

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2962| July 22, 2019 Page 3 of 4 misdemeanor false informing. Burton has also violated the terms of her

probation. Moreover, at the time of her arrest, Burton faced pending charges in

another county and outstanding warrants had been issued for her arrest in

multiple counties. Despite her prior contacts with the criminal justice system,

Burton has been unwilling to conform her actions to societal norms. Burton has

failed to establish that her sentence is inappropriate.

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

Vaidik, C.J., and Riley, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2962| July 22, 2019 Page 4 of 4