Severo A. Reza 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 Mar 14 2017, 8:02 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
Elizabeth A. Bellin Curtis T. Hill, Jr.
Elkhart, Indiana Attorney General of Indiana
Chandra K. Hein
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Severo A. Reza, March 14, 2017
Appellant-Defendant, Court of Appeals Case No.
20A04-1608-CR-1782
v. Appeal from the Elkhart Superior
Court
State of Indiana, The Honorable Gretchen S. Lund,
Appellee-Plaintiff. Judge
Trial Court Cause No.
20D04-1602-F5-46
Bradford, Judge.
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Case Summary
[1] On February 11, 2016, a police officer responded to a vehicle crash and
observed Appellant-Defendant Severo Reza smelling of alcoholic beverage,
staggering while walking, and slurring his words. Reza also had glassy,
bloodshot eyes. The officer checked Reza’s driving record and learned that
Reza was a habitual traffic violator. Reza subsequently pled guilty to one count
of habitual traffic violator, a Level 5 felony, and one count of operating a
vehicle while intoxicated (“OWI”), a Class A misdemeanor. The trial court
sentenced him to the statutory maximum of 2190 days and 365 days for his
offenses, respectively, to run concurrently. The last 365 days are suspended on
reporting probation. Reza contends that his sentence is inappropriate in light of
his character and the nature of his offense. We disagree and affirm the trial
court’s judgment.
Facts and Procedural History
[2] On February 11, 2016, Reza operated a motor vehicle knowing his license had
been permanently suspended pursuant to his habitual traffic violator status.
Reza was then involved in an automobile accident that caused some level of
damage, though the extent of that damage is unclear. At the time of the
accident, Reza was operating the vehicle while intoxicated.
[3] Reza was subsequently convicted, pursuant to a guilty plea, of one count of
habitual traffic violator, a Level 5 felony, and one count of OWI, a Class A
misdemeanor. Reza did not have the benefit of a written plea agreement;
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however, Appellee-Plaintiff the State of Indiana (hereafter “the State”) did drop
the habitual vehicular substance offender enhancement in exchange for the
guilty plea.
[4] Reza received a sentence of 2190 days for the habitual traffic violator offense
and 365 days for the OWI, to run concurrently. The trial court also ordered
Reza to participate in CLIFF1 or a similar therapeutic program, after which it
would reconsider a modification of Reza’s placement with the Indiana
Department of Correction to community corrections.
Discussion and Decision
[5] Reza contends that his aggregate 2190-day sentence is inappropriate, pursuant
to Indiana Appellate Rule 7(B). In raising this contention, Reza argues that his
sentence is inappropriate because he “has significant addiction issues, and his
prior criminal history reflected his addiction issues with only substance abuse
related offenses and traffic offenses throughout his past.” Appellant’s Br. p. 9.
We disagree and affirm.
[6] Indiana Appellate Rule 7(B) allows this 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
1
CLIFF stands for Clean Life Is Freedom Forever, a substance abuse treatment program governed by the
Indiana Department of Correction.
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character of the offender.” The defendant bears the burden of proving the
sentence is inappropriate. Sanchez v. State, 891 N.E.2d 174, 176 (Ind. Ct. App.
2008). In attempting to do so, the court focuses “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. denied). This analysis spends less time on comparisons to
other real or hypothetical cases. Id.
[7] With respect to the nature of Reza’s offense, the record reveals that Reza
admitted to driving a vehicle under the influence of alcohol while knowing that
his license had been permanently suspended. In doing so, Reza endangered
both himself and everyone in his immediate vicinity. While the resulting
vehicular accident may have been small in impact, this court is reluctant to
consider the nature of the offense lesser in magnitude merely because the
defendant’s actions did not cause a catastrophic harm. There has been no
evidence offered to suggest that Reza took any action to mitigate the impact of
the crash itself, only that he offered some level of contrition after the crash
occurred. Furthermore, his testimony that he knew his driving license had been
permanently suspended prior to getting in his car illustrates a culpable mindset
at the time he entered his vehicle.
[8] Reza’s character only offers further evidence that his sentence is appropriate.
This is not Reza’s first alcohol or driving-related offense. As mentioned earlier,
Reza has previously been found to be a habitual traffic violator. In addition,
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this is Reza’s seventh OWI conviction. Id. at 4-8. Reza has also been
previously convicted of public intoxication. Id. at 7. Reza has violated the
terms of probation four times, terms of home detention once, and suggested
treatment programs three times. Id. at 4-8. Furthermore, Reza has been
arrested for alcohol-related offenses multiple occasions. While arrests do not
establish evidence of further offenses, they do illuminate the response of the
defendant when subjected to state authorities. See Cotto v. State, 829 N.E.2d
520, 526 (Ind. 2005) (providing that a defendant’s record of arrest may
demonstrate a lack of deterrence despite being subjected to the State’s police
authority).
[9] While it is true that each of these offenses relates only to either driving or
substance abuse, that history provides exactly the reinforcing backdrop that
indicates a likelihood to reoffend. Were this crime to arise from a different
nature, those offenses might show an inconsistent pattern of behavior unrelated
to the current offense, but Reza’s pattern of offenses shows a consistent
disregard for the specific area of the law in question.
[10] The defense pointed out that this pattern of behavior likely stems from a young
age. Reza began abusing alcohol as early as age thirteen, and lost his father at
sixteen to liver problems stemming from alcohol abuse. Be that as it may,
Reza’s record of conduct points only to a character unconcerned with the legal
consequences of his consistent abuse of alcohol and driving privileges. The
Indiana Risk Assessment System placed Reza in the “HIGH” risk category to
reoffend. Appellant’s App. Vol. III p. 11. As a result, this court concludes that
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Reza has failed to prove that his sentence is inappropriate in light of the nature
of his offenses and his character.
Conclusion
[11] For the aforementioned reasons, the nature of Reza’s offenses and his character
do not provide a sufficient basis to establish that his sentence is inappropriate.
[12] The judgment of the trial court is affirmed.
Vaidik, C.J., and Brown, J., concur.
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