Anthony Armacost v. State of Indiana (mem. dec.) ( 2015 )

MEMORANDUM DECISION
May 18 2015, 9:41 am
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Leanna Weissman Gregory F. Zoeller
Lawrenceburg, Indiana Attorney General of Indiana
Christina D. Pace
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Anthony Armacost, May 18, 2015
Appellant-Defendant, Court of Appeals Case No.
15A04-1410-CR-512
v. Appeal from the Dearborn Superior
Court 2
State of Indiana, The Honorable Sally A.
Blankenship, Judge
Appellee-Plaintiff.
Case No. 15D02-1206-FD-287
Vaidik, Chief Judge.
Case Summary
[1] Anthony Armacost appeals the two-and-one-half-year sentence imposed after
he pled guilty to receiving stolen property. He specifically argues that his
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sentence is inappropriate. Based on Armacost’s extensive criminal history that
spans fifteen years, we conclude that the sentence imposed in this case is not
inappropriate.
Facts and Procedural History
[2] In September 2014, thirty-eight-year-old Armacost pled guilty to receiving
stolen property as a Class D felony after he stole a gas weed trimmer in Ohio
and sold it at a pawn shop in Indiana. At the sentencing hearing, the evidence
revealed that Armacost has an extensive fifteen-year criminal history that
includes seven prior felony convictions in Ohio and Kentucky for aggravated
assault, driving under the influence, resisting arrest, trafficking in marijuana,
breaking and entering, and two counts of theft. He also has misdemeanor
convictions in Ohio for drug abuse, disorderly conduct, possession of cocaine,
and resisting arrest. He has two probation violations and seven community-
corrections violations. Armacost committed theft, breaking and entering, and
burglary in Ohio after committing the offense in this case. After hearing this
evidence, the trial court sentenced Armacost to two-and-one-half years for Class
D felony receiving stolen property.
[3] Armacost appeals.
Discussion and Decision
[4] Armacost’s sole argument is that his two-and-one-half-year executed sentence is
inappropriate. The Indiana Constitution authorizes independent appellate
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review and revision of the trial court’s sentencing decision. Brown v. State, 10
N.E.3d 1, 4 (Ind. 2014). We implement this authority through Indiana
Appellate Rule 7(B), which provides that we may revise a sentence authorized
by statute if, after due consideration of the trial court’s decision, we find the
sentence inappropriate in light of the nature of the offense and the character of
the offender. Id. Armacost bears the burden on appeal of showing us that his
sentence is inappropriate. See Childress v. State, 848 N.E.2d 1073, 1080 (Ind.
2006).
[5] Here, concerning the nature of the offense, Armacost stole a gas weed trimmer
in Ohio and sold it at an Indiana pawn shop. Although this offense is not
particularly egregious, it is Armacost’s character that militates against any
downward revision in his sentence.
[6] When considering the character of the offender, a relevant consideration is the
defendant’s criminal history. Rutherford v. State, 866 N.E.2d 867, 874 (Ind. Ct.
App. 2007) (explaining that even a minor criminal history reflects poorly on the
defendant’s character). The significance of a defendant’s prior criminal history
will vary based on the gravity, nature, and number of prior offenses as they
relate to the current offense. Smith v. State, 889 N.E.2d 261, 263 (Ind. 2008).
[7] Armacost has seven prior felony convictions, including two for theft and one
for breaking and entering. He also has several misdemeanor convictions and
probation violations as well as seven community-corrections violations. After
committing the offense in this case, Armacost committed theft, breaking and
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entering, and burglary in Ohio. Clearly, Armacost has not reformed his
criminal behavior despite his numerous contacts with the criminal-justice
system. See Abbott v. State, 961 N.E.2d 1016, 1020 (Ind. 2012). In light of the
nature of the offense and his character, Armacost has failed to persuade us that
his sentence is inappropriate.
[8] Affirmed.
Kirsch, J., and Bradford, J., concur.
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