Christi Lee Scott v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Jul 18 2017, 9:26 am
court except for the purpose of establishing
CLERK
the defense of res judicata, collateral Indiana Supreme Court
Court of Appeals
estoppel, or the law of the case. and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Karen M. Heard Curtis T. Hill, Jr.
Vanderburgh County Attorney General of Indiana
Public Defenders Office
Christina D. Pace
Evansville, Indiana Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Christi Lee Scott, July 18, 2017
Appellant-Defendant, Court of Appeals Case No.
82A01-1612-CR-2939
v. Appeal from the
Vanderburgh Circuit Court
State of Indiana, The Honorable Kelli E. Fink
Appellee-Plaintiff Magistrate
Trial Court Cause No.
82C01-1603-F4-1792
Kirsch, Judge.
Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 1 of 4
[1] Christie Lee Scott entered a plea of guilty to Burglary as a Level 4 felony 1 and
Theft as a Level 6 felony.2 She was sentenced to concurrent sentences six years
and two years. Contending that her sentence is inappropriate in light of the
nature of her offenses and her character, she now appeals. Concluding that her
sentence is not inappropriate, we affirm.
Facts and Procedural History
[2] On March 25, 2016, Scott knocked on the door of the residence of Tim
Crabtree and asked him for money or a cigarette. Crabtree declined. Scott left,
but returned a short time later accompanied by Jermon Weathers. Crabtree felt
uncomfortable and retrieved his gun before answering the door. Scott and
Weathers pushed past Crabtree and entered the house. When they would not
leave, Crabtree left and went to a neighbor’s house where he called 911. Police
responded and apprehended Scott and Weathers a short time later in possession
of a laptop computer, cell phone and loose change that they had taken from
Crabtree’s home.
[3] Scott pleaded guilty to Burglary and Theft. The trial court found that the
aggravating factor of her criminal history outweighed the mitigating factors of
1
See Ind. Code § 35-43-2-1.
2
See Ind. Code § 35-43-4-2(a).
Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 2 of 4
accepting responsibility and pleading guilty, expressing remorse and taking
steps to seek help.
Discussion and Decision
[4] Article 7, Sections 4 and 6 of the Indiana Constitution authorizes independent
appellate review and revision of criminal sentences. Trainor v. State, 950 N.E.2d
352, 355 (Ind. Ct. App. 2011), trans. denied. This authority is implemented by
Indiana Appellate Rule 7 (B) which provides, “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
or the character of the offender.” The defendant bears the burden of persuading
this court that his or her sentence is inappropriate. Childress v. State, 848 N.E.
1073, 1080 (Ind. 2006).
[5] Looking at the nature of her offense, we see that she knew her victim in this
case, that he had helped her in the past, and that, when he declined to give her
money or a cigarette on this occasion, she returned with a companion and
forced their way into the victim’s residence. They stole a laptop computer, a
cell phone, lottery tickets, and loose change.
[6] Looking at her character, we see that she has an extensive criminal history
which started in 1991. Included in that history are four felony convictions and
twenty-nine misdemeanor convictions.
Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 3 of 4
[7] Scott has not met her burden of persuading us that her six-year sentence is
inappropriate in light of the nature of her offenses or her character.
Accordingly, the sentence is affirmed.
[8] Affirmed.
Mathias, J., and Altice, J., concur.
Court of Appeals of Indiana | Memorandum Decision 82A01-1612-CR-2939 |July 18, 2017 Page 4 of 4