John F. Willis v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D),
Jul 26 2018, 7:32 am
this Memorandum Decision shall not be
regarded as precedent or cited before any CLERK
Indiana Supreme Court
court except for the purpose of establishing Court of Appeals
and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Sally Skodinski Curtis T. Hill, Jr.
South Bend, Indiana Attorney General of Indiana
James B. Martin
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
John F. Willis, July 26, 2018
Appellant-Defendant, Court of Appeals Case No.
18A-CR-518
v. Appeal from the St. Joseph Circuit
Court
State of Indiana, The Honorable John E. Broden,
Appellee-Plaintiff. Judge
The Honorable Andre B.
Gammage, Magistrate
Trial Court Cause No.
71C01-1611-FC-56
Najam, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-518 | July 26, 2018 Page 1 of 4
Statement of the Case
[1] John Willis appeals his sentence following his convictions for three counts of
nonsupport of a dependent child, two as Class C felonies and one as a Level 6
felony. He presents a single issue for our review, namely, whether his sentence
is inappropriate in light of the nature of the offenses and his character. We
affirm.
Facts and Procedural History
[2] Willis has five children. On September 5, 1997, a trial court ordered Willis to
pay child support for his daughter A.W. in the amount of $62 per week. On
February 22, 1999, a trial court ordered Willis to pay child support for his son
J.W. in the amount of $63 per week. As of February 12, 2013, Willis had
accumulated a support arrearage with regard to J.W. totaling $41,320.54. And
as of February 24, 2015, Willis had accumulated a support arrearage with
regard to A.W. totaling $46,584.30.
[3] The State charged Willis with three counts of nonsupport of a dependent child,
two as Class C felonies and one as a Level 6 felony.1 Willis pleaded guilty as
charged, and the trial court accepted his plea and entered judgment of
conviction accordingly. Following a sentencing hearing, the trial court
1
Two of the counts related to nonpayment of child support for A.W.—the first count for nonpayment from
1994 to June 2014 and the second count for nonpayment from July 2014 to February 2015. The relevant
statute, Indiana Code Section 35-46-1-5, was amended effective July 1, 2014, to eliminate the $15,000
threshold and to change the offense from a Class C or D felony to a Level 5 or 6 felony.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-518 | July 26, 2018 Page 2 of 4
sentenced Willis to consecutive six-year sentences on the two Class C felony
counts with four and one-half years suspended on each count and the one and
one-half year executed portions to be served on work release. And the trial
court imposed a suspended two-year sentence on the Level 6 felony conviction
to be served concurrent with the sentences on the other two counts. This appeal
ensued.
Discussion and Decision
[4] Willis asserts that his sentence is inappropriate in light of the nature of the
offenses and his character. As we have explained:
Indiana Appellate Rule 7(B) permits an Indiana appellate court
to “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.” We assess the trial court’s
recognition or nonrecognition of aggravators and mitigators as an
initial guide to determining whether the sentence imposed was
inappropriate. Gibson v. State, 856 N.E.2d 142, 147 (Ind. Ct.
App. 2006). The principal role of appellate review is to “leaven
the outliers.” Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind.
2008). A defendant must persuade the appellate court that his or
her sentence has met the inappropriateness standard of review.
Roush v. State, 875 N.E.2d 801, 812 (Ind. Ct. App. 2007).
Robinson v. State, 61 N.E.3d 1226, 1228 (Ind. Ct. App. 2016).
[5] Here, Willis contends that his aggregate twelve-year sentence with three years
executed on work release is inappropriate in light of the nature of the offenses
because, while his “arrearage is substantial,” there was “no evidence of
Court of Appeals of Indiana | Memorandum Decision 18A-CR-518 | July 26, 2018 Page 3 of 4
hardship or sacrifice suffered by the children or the custodial parents” and he
took responsibility with his guilty plea. Appellant’s Br. at 8. He asserts that his
sentence is inappropriate in light of his character because his criminal history is
minor, he has been employed, and he pleaded guilty.
[6] However, we cannot say that Willis’ sentence is inappropriate. Regarding the
nature of the offenses, Willis’ child support arrearages exceed $40,000 each,
more than double the statutory threshold for a Class C felony under Indiana
Code Section 35-46-1-5 (2013). Regarding his character, Willis’ criminal
history includes three misdemeanors: criminal conversion, a hit and run, and
battery. While his criminal history is modest, his failure to support his children
reflects poorly on his character. And Willis offers no excuse in mitigation of his
nonpayment of child support. We cannot say that Willis’ aggregate sentence of
three years executed to work release is inappropriate, and we affirm his
sentence.
[7] Affirmed.
Crone, J., and Pyle, J., concur.
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