Velia Ann Burton v. State of Indiana (mem. dec.) ( 2019 )


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  • 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
    

Document Info

Docket Number: 18A-CR-2962

Filed Date: 7/22/2019

Precedential Status: Precedential

Modified Date: 7/22/2019