Matthew A. Johnson v. State of Indiana (mem. dec.) ( 2018 )

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