Jesse Carter, IV v. State of Indiana (mem. dec.)

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 Oct 10 2018, 9:54 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
Kristin A. Mulholland Curtis T. Hill, Jr.
Appellate Public Defender Attorney General of Indiana
Crown Point, Indiana
Jesse R. Drum
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jesse Carter, IV, October 10, 2018
Appellant-Defendant, Court of Appeals Case No.
18A-CR-899
v. Appeal from the Lake Superior
Court
State of Indiana, The Honorable Salvador Vasquez,
Appellee-Plaintiff. Judge
Trial Court Cause Nos.
45G01-1602-F4-7
45G01-1602-F4-8
Bradford, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-899 | October 10, 2018 Page 1 of 5
Case Summary
[1] After being alleged to have committed six different Level 4 felony burglaries
and numerous other criminal acts, Jesse Carter, IV, pled guilty to two of the
burglary charges. In exchange, the State agreed to dismiss more than eleven
other charges and to cap Carter’s sentence at twelve years. The trial court
accepted Carter’s guilty plea and sentenced him to an aggregate twelve-year
sentence. Carter challenges his sentence on appeal, arguing that it is
inappropriate. We affirm.
Facts and Procedural History
[2] On August 27, 2015, the State charged Carter under Cause Number 45G01-
1602-F4-7 (“Cause No. F4-7”) with five counts of Level 4 felony burglary, two
counts of Level 4 felony attempted burglary, and three counts of Level 5 felony
attempted burglary. On February 17, 2016, the State charged Carter under
Cause Number 45G01-1602-F4-8 (“Cause No. F4-8”) with Level 4 felony
burglary and Level 6 felony residential entry. The parties entered into a
stipulated plea agreement on January 11, 2018.
[3] Pursuant to the terms of the agreement, the State amended the charging
information in Cause No. F4-7 to include an additional Level 4 felony burglary
charge. Carter agreed to plead guilty to this added charge. He also agreed to
plead guilty to Level 4 felony burglary in Cause No. F4-8. In exchange for
Carter’s plea, the State agreed to dismiss all remaining charges and to dismiss
Court of Appeals of Indiana | Memorandum Decision 18A-CR-899 | October 10, 2018 Page 2 of 5
charges in a third cause number altogether. The parties agreed to a twelve-year
sentencing cap.
[4] The trial court conducted a guilty plea hearing during which Carter admitted
that on August 4, 2015, he broke into five different dwellings with the
“intention to commit the felony of theft while [he was] inside.” Guilty Plea Tr.
pp. 7–8. He also admitted that on January 27, 2016, he broke into a dwelling
with the “intention to commit the felony of theft once [he was] inside.” Guilty
Plea Tr. p. 9. The trial court accepted Carter’s guilty plea and sentenced him to
six-year terms for each of the burglaries and ordered that the sentences be
served consecutively.
Discussion and Decision
[5] Carter contends that his aggregate twelve-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.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-899 | October 10, 2018 Page 3 of 5
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).
[6] In pleading guilty, Carter admitted that he committed six 1 burglaries and to
stealing property from each victim. In arguing that his sentence is
inappropriate, Carter classifies his offenses as “not exceptionally egregious.”
Appellant’s Br. p. 9. We observe that the trial court did not treat the offenses as
egregious, sentencing Carter to an advisory six-year term for each of the
burglaries. See Ind. Code § 35-50-2-5.5 (“A person who commits a Level 4
felony shall be imprisoned for a fixed term of between two (2) and twelve (12)
years, with the advisory sentence being six (6) years.”). Carter has failed to
establish that his sentence is inappropriate in light of the nature of his offenses.
[7] As for his character, Carter argues that he is a family man, an active participant
in raising his two children, and a hard worker. Carter also argues that his guilty
plea reflects well on his character as it demonstrates that he has accepted
responsibility for his actions. One may reasonably assume, however, that
Carter’s guilty plea was as much a pragmatic decision as an acceptance of guilt
as he significantly limited his potential criminal exposure by pleading guilty to
the two burglaries. In addition, his criminal history involves other crimes of
dishonesty and demonstrates a continued disregard for both the property of
1
The charge to which Carter pled in Cause No. F4-7 included each of the five previously charged burglaries.
By pleading to this one count, Carter admitted to committing each of the five burglaries.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-899 | October 10, 2018 Page 4 of 5
others and the laws of this State. Carter has failed to persuade us that his
aggregate twelve-year sentence is inappropriate.
[8] The judgment of the trial court is affirmed.
Bailey, J., and Mathias, J., concur.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-899 | October 10, 2018 Page 5 of 5