Christopher A. Watson 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                                              FILED
    regarded as precedent or cited before any                                   Dec 06 2019, 9:55 am
    court except for the purpose of establishing                                       CLERK
    the defense of res judicata, collateral                                      Indiana Supreme Court
    Court of Appeals
    and Tax Court
    estoppel, or the law of the case.
    ATTORNEY FOR APPELLANT                                  ATTORNEYS FOR APPELLEE
    Thomas C. Allen                                         Curtis T. Hill, Jr.
    Fort Wayne, Indiana                                     Attorney General of Indiana
    Sierra A. Murray
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    Christopher A. Watson,                                  December 6, 2019
    Appellant-Defendant,                                    Court of Appeals Case No.
    19A-CR-1864
    v.                                              Appeal from the Allen Superior
    Court
    State of Indiana,                                       The Honorable Frances C. Gull,
    Appellee-Plaintiff.                                     Judge
    Trial Court Cause No.
    02D05-1707-F5-187
    Brown, Judge.
    Court of Appeals of Indiana | Memorandum Decision 19A-CR-1864 | December 6, 2019                     Page 1 of 5
    [1]   Christopher Watson appeals his sentence for dealing in a narcotic drug as a
    level 5 felony and asserts his sentence is inappropriate. We affirm.
    Facts and Procedural History
    [2]   On February 7, 2017, Watson sold 0.2 grams of heroin to an undercover officer.
    On July 11, 2017, the State charged him with dealing in cocaine or a narcotic
    drug as a level 5 felony. On August 28, 2017, he pled guilty, and the court
    placed him into the drug court diversion program and took the plea under
    advisement. On September 12, 2017, he submitted a diluted drug screen. On
    September 17, 2018, the court ordered him to serve one night in jail as a
    sanction for violating drug court rules. He failed to appear for drug screens on
    October 16, 2017, April 30, 2018, August 22, 2018, and September 12, 2018.
    [3]   On May 6, 2019, the State filed a verified petition to terminate Watson’s
    participation in the drug court program and alleged he violated the terms of the
    program by testing positive for codeine on April 16, 2019. On May 31, 2019,
    Watson admitted to the allegation. The court found that Watson violated the
    terms and conditions of the program and revoked his placement in drug court.
    [4]   At the sentencing hearing, Watson’s counsel requested a suspended sentence of
    three years. The prosecutor stated that a sentence between that
    recommendation and the probation department’s recommendation of six years
    with three years executed would be warranted, asked for a portion of the
    sentence to be executed and the balance to be suspended, and asked the court
    Court of Appeals of Indiana | Memorandum Decision 19A-CR-1864 | December 6, 2019   Page 2 of 5
    “to sentence at least the advisory sentence range.” Transcript Volume II at 11.
    Watson stated:
    I appreciate the opportunity to be on the program. I apologize
    for not successfully completing the program, but remaining at the
    Thirteen Step House would keep me close to my support group
    and my sponsor, who frequents the house, and it will allow me to
    continue in my recovery. I still have my job and I’m more than
    sure that I’m going to go places in that job. They already want
    me to be a shift manager. I have goals and plans that, basically,
    getting me back on my feet and do the right thing and not run or
    anything. I’ve been completely honest with you this entire time
    and I hope that shows. I really just want to get my life back
    together. I have no desire to do drugs or alcohol. I just hope that
    you show mercy.
    
    Id. at 11.
    [5]   The court found Watson guilty citing his guilty plea and remorse as mitigators
    and his criminal record with failed efforts at rehabilitation as an aggravator.
    The court noted that his failed efforts at rehabilitation covered “a period of time
    from 2016 to 2019, where you have two misdemeanor convictions, where you
    were given a short jail sentence with suspended jail and then execute time,
    Caring About People treatment, and then, ultimately, the Drug Court
    Program.” 
    Id. at 12.
    The court sentenced him to the Department of Correction
    for three years.
    Discussion
    [6]   Watson argues that his sentence is inappropriate and that the offense was less
    severe than most level 5 felonies because the quantity involved was 0.2 grams of
    Court of Appeals of Indiana | Memorandum Decision 19A-CR-1864 | December 6, 2019   Page 3 of 5
    heroin. He also asserts that he pled guilty, demonstrated remorse, was
    motivated to be involved in treatment, and had been employed. He requests
    that his sentence be modified to three years suspended on the condition that the
    remainder of his sentence be served on probation with services at the Thirteen
    Step House treatment facility.
    [7]   Ind. Appellate Rule 7(B) provides that we “may revise a sentence authorized by
    statute if, after due consideration of the trial court’s decision, [we find] that the
    sentence is inappropriate in light of the nature of the offense and the character
    of the offender.” Under this rule, the burden is on the defendant to persuade
    the appellate court that his or her sentence is inappropriate. Childress v. State,
    
    848 N.E.2d 1073
    , 1080 (Ind. 2006). Ind. Code § 35-50-2-6 provides that a
    person who commits a level 5 felony shall be imprisoned for a fixed term
    between one and six years with the advisory sentence being three years.
    [8]   Our review of the nature of the offense reveals that Watson sold heroin to an
    undercover officer. Our review of the character of the offender reveals that he
    pled guilty as charged and was placed in the drug court diversion program until
    he tested positive for codeine. He apologized for failing to successfully
    complete the program. He worked for three or four months in 2014 at a
    restaurant, between October 2017 and February 2018 as an apprentice, and
    between April 2018 and September 2018 as a line cook. He has convictions for
    conversion as a class A misdemeanor in 2016 and possession of paraphernalia
    as a class C misdemeanor in 2017. The presentence investigation report (the
    “PSI”) indicates that he admitted he began using marijuana at age sixteen and
    Court of Appeals of Indiana | Memorandum Decision 19A-CR-1864 | December 6, 2019   Page 4 of 5
    used it three times per week until he was twenty-nine years old; used cocaine
    when he was twenty years old until he was twenty-three years old;
    experimented with ecstasy twice when he was twenty-three or twenty-four years
    old; and used heroin daily from age twenty-seven until age twenty-nine.
    [9]    The PSI indicates that Watson reported participating in substance abuse
    treatment at Park Center in 2018, at Critical Thinking Errors in 2019, through
    the support groups provided by the halfway house where he resided since June
    2017 until his present incarceration, and at Alcoholics Anonymous, Cocaine
    Anonymous, and Heroin Anonymous four or five times per week since June
    2017 until his present incarceration. It indicates that he denied ever using
    codeine but also stated: “I accept what happened. I know that I did wrong and
    that is why all of this is happening.” Appellant’s Appendix Volume II at 58. It
    also indicates that Watson began the Allen Superior Court Drug Program on
    August 28, 2017, submitted a diluted drug screen on September 12, 2017, and
    failed to appear for four drug screens between October 2017 and September
    2018. The PSI also states that his overall risk assessment score using the
    Indiana risk assessment system places him in the moderate risk category to
    reoffend. After due consideration, we conclude that Watson has not sustained
    his burden of establishing that the advisory sentence is inappropriate.
    [10]   For the foregoing reasons, we affirm Watson’s sentence.
    [11]   Affirmed.
    Baker, J., and Riley, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 19A-CR-1864 | December 6, 2019   Page 5 of 5
    

Document Info

Docket Number: 19A-CR-1864

Filed Date: 12/6/2019

Precedential Status: Precedential

Modified Date: 12/6/2019