Shawn R. Dotson v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Feb 26 2018, 6:26 am
regarded as precedent or cited before any
CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Cara Schaefer Wieneke Curtis T. Hill, Jr.
Wieneke Law Office, LLC Attorney General of Indiana
Brooklyn, Indiana
Caroline G. Templeton
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Shawn R. Dotson, February 26, 2018
Appellant-Defendant, Court of Appeals Case No.
28A04-1710-CR-2314
v. Appeal from the Greene Circuit
Court
State of Indiana, The Honorable Erik C. Allen,
Appellee-Plaintiff. Judge
Trial Court Cause No.
28C01-1611-F1-1
Robb, Judge.
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Case Summary and Issue
[1] Shawn Dotson pleaded guilty to aggravated battery, a Level 3 felony, and the
trial court sentenced him to fourteen years in the Indiana Department of
Correction. Dotson raises one issue on appeal: whether his sentence is
inappropriate in light of the nature of his offense and his character. Concluding
his sentence is not inappropriate, we affirm.
Facts and Procedural History
[2] On November 24, 2016, Dotson called 911 and reported his friend, Eric
Townsend, was in the street bleeding from a gunshot wound to the neck.
Dotson claimed he happened to come across Townsend as he was driving.
Dotson’s passenger, Lena Woodall, confirmed his story.
[3] After interviewing Townsend, law enforcement discovered Dotson and
Woodall had not told the truth. Townsend told the police he and Dotson had
an argument earlier in the day over damage Dotson caused to a trailer hitch.
That night, Townsend pulled alongside Dotson’s truck and attempted to get
Dotson to stop his vehicle. After Dotson did not stop, Townsend cut in front of
him and forced him to stop his truck. Dotson exited his vehicle and fired a gun,
striking Townsend in the neck. Dotson then attempted to aid Townsend by
calling 911 and bringing him to a local gas station where Dotson discarded his
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weapon.1 A second interview with Woodall confirmed Townsend’s version of
the events.
[4] The State charged Dotson with attempted murder, a Level 1 felony; aggravated
battery, a Level 3 felony; and battery by means of a deadly weapon, a Level 5
felony. Dotson entered into a plea agreement with the State whereby he agreed
to plead guilty to aggravated battery, a Level 3 felony, in exchange for the
State’s dismissal of the remaining charges. The plea agreement left sentencing
to the discretion of the trial court. At the sentencing hearing, the trial court
sentenced Dotson to fourteen years in the Indiana Department of Correction.
Dotson now appeals.
Discussion and Decision
I. Standard of Review
[5] Indiana Appellate Rule 7(B) provides, “[t]he 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.” The defendant bears the burden of
persuading the Court his sentence is inappropriate. Childress v. State, 848
N.E.2d 1073, 1080 (Ind. 2006). When conducting this inquiry, the court may
consider any factors appearing in the record. Kemp v. State, 887 N.E.2d 102,
1
The weapon was later recovered by the police.
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104-05 (Ind. Ct. App. 2008), trans denied. Our analysis of the “nature of the
offense” portion of the inappropriateness review begins with the advisory
sentence. Clara v. State, 899 N.E.2d 733, 736 (Ind. Ct. App. 2009). Our review
of the “character of the offender” considers the aggravating and mitigating
circumstances. Id. When reviewing a sentence for inappropriateness, the
Court’s determination will depend on “the culpability of the defendant, the
severity of the crime, the damage done to others, and myriad other factors that
come to light in a given case.” Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind.
2008).
II. Inappropriate Sentence
[6] The advisory sentence is the starting point selected by the legislature as an
appropriate sentence for the crime committed. Childress, 848 N.E.2d at 1081.
Dotson pleaded guilty to aggravated battery, a Level 3 felony. The sentencing
range for a Level 3 felony is from three to sixteen years, with the advisory
sentence being nine years. Ind. Code § 35-50-2-5(b). Here, the trial court
sentenced Dotson to five years above the advisory sentence.
[7] As to the nature of the offenses, we note nothing exceptional about the facts or
circumstances. A “person who knowingly or intentionally inflicts injury on a
person that creates a substantial risk of death” commits aggravated battery.
Ind. Code § 35-42-2-1.5. Following a dispute and reckless driving on the part of
Townsend, Dotson exited his vehicle and fired a weapon striking Townsend in
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the neck. We find nothing particularly egregious about his act that is not
already accounted for by the aggravated battery statute.
[8] However, as to his character, Dotson has an extensive criminal history with
prior assault, battery, and firearms offenses. See Sanders v. State, 71 N.E.3d 839,
844 (Ind. Ct. App. 2017) (noting the significance of criminal history varies
based on the gravity, nature, and number of prior offenses in relation to the
current offense), trans. denied. Dotson has eleven prior convictions in three
states for being a felon in possession of a firearm, possession of a firearm not
registered in the national firearms registration system, sexual assault, operating
while intoxicated, criminal recklessness, domestic battery, burglary, and grand
larceny. Dotson’s criminal history speaks volumes about his character.
[9] Further, Dotson attempted to cover up his crime by lying to the police and
hiding his weapon. Although he points to the fact he called 911 and
administered aid to Townsend, these acts are negated by Dotson’s attempt to
cover up the crime and the fact he was the reason Townsend needed aid in the
first place. In sum, nothing about Dotson’s character renders his fourteen-year
executed sentence inappropriate.
Conclusion
[10] We conclude Dotson’s sentence is not inappropriate. Accordingly, we affirm
the sentence imposed by the trial court.
[11] Affirmed.
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Crone, J., and Bradford, J., concur.
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