Richard J. Campos v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Mar 28 2018, 8:46 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
Leanna Weissmann Curtis T. Hill, Jr.
Lawrenceburg, Indiana Attorney General of Indiana
Katherine Cooper
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Richard J. Campos, March 28, 2018
Appellant-Defendant, Court of Appeals Case No.
69A01-1710-CR-2450
v. Appeal from the Ripley Circuit
Court
State of Indiana, The Honorable Ryan King, Judge
Appellee-Plaintiff. Trial Court Cause No.
69C01-1701-F4-001
Pyle, Judge.
Statement of the Case
[1] Richard J. Campos, Jr. (“Campos”), appeals the sentence the trial court
imposed after he pled guilty to Level 4 felony operating a vehicle while
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intoxicated (“OVWI”) causing death1 and to being an habitual offender.2 He
argues that his enhanced thirty (30) year executed sentence was inappropriate
and asks us to revise it under Indiana Appellate Rule 7(B). Because Campos
has failed to show that his sentence was inappropriate, we affirm the trial
court’s sentence.
[2] We affirm.
Issue
Whether Campos’ sentence was inappropriate.
Facts
[3] Campos operated a vehicle while intoxicated on the night of December 26,
2016 and crashed into a tractor on State Road 350.3 Sixty-five-year-old Hubert
E. Brown (“Brown”) was driving the tractor at the time of the crash and
ultimately died from his injuries.
[4] Indiana State Trooper Kyle Adam Black (“Trooper Black”) was called to the
scene of the accident and found Brown lying in the Eastbound lane and
receiving medical treatment. He approached Campos’ car and “could
1
IND. CODE § 9-30-5-5(a)(3).
2
IND. CODE § 35-50-2-8.
3
We have included facts established at the sentencing hearing because Campos’ factual basis for his guilty
plea included only the fact that he had operated a vehicle while intoxicated and caused Hubert E. Brown’s
death.
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immediately smell the odor of an alcoholic beverage emitting from the vehicle.”
(Tr. Vol. 2 at 28). He also observed a half-bottle of Kessler liquor and a pill
bottle on the floor of the vehicle. When he interviewed Campos, who was
sitting in the car, Campos told him that he “had been drunk for approximately
three (3) days and had drunk approximately fifteen (15) [B]udweisers prior to
the crash.” (Tr. Vol. 2 at 28). Trooper Black administered a portable
breathalyzer test, and Campos “laughingly asked [him] what his result was.” 4
(Tr. Vol. 2 at 30). Trooper Black then took Campos for a blood draw, which
revealed that Campos’ blood alcohol level was .289, more than three times the
legal limit. The State Police later reconstructed the accident and determined
that Campos’ speed five seconds prior to his impact with Brown’s tractor had
been 81 miles per hour.
[5] On January 4, 2017, Campos was charged with Count 1, Level 6 felony OVWI
with a prior conviction and Count 2, Class A misdemeanor OVWI endangering
a person. The State later amended the charging information to add Count 3,
Level 4 felony OVWI causing death and to allege that Campos was an habitual
offender. Campos pled guilty to his Level 4 felony OVWI causing death charge
and to being an habitual offender on August 24, 2017. In exchange for
Campos’ guilty plea, the State agreed to dismiss Counts 1 and 2.
4
His result is not in the record.
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[6] At Campos’ sentencing hearing, the State introduced Campos’ pre-sentence
investigation report (“PSI”). The PSI revealed that Campos had an extensive
criminal history, which included three prior felony convictions, eight
misdemeanor convictions, and four probation violations. Campos also had one
pending felony charge in a separate cause. His prior convictions included
violent crimes such as Class B felony burglary and Class A misdemeanor
battery resulting in bodily injury, as well as multiple drug and alcohol related
crimes, among others. According to the PSI, Campos had admitted to using
methamphetamines for fifteen years and to using marijuana daily for twenty-
five years. He had also overdosed on heroin in 2015.
[7] At the conclusion of the sentencing hearing, the trial court noted that Campos’
offense was “probably the worst Level 4 felony that [it had] ever seen” and that
it was a “little bit shocking” for the offense to be charged as only a Level 4
felony. (Tr. Vol. 2 at 55). Specifically, the court found the following
circumstances to be aggravating factors: (1) the nature and circumstances of
Campos’ offense; (2) the substantial negative impact on Brown’s family; (3)
Campos’ criminal history; (4) Campos’ prior probation violations; (5) Campos’
lengthy history of criminal behavior that did not result in convictions, including
his extended drug use; and (6) the victim’s age. The trial court found as
mitigating factors that Campos had expressed remorse and pled guilty. The
court sentenced Campos to twelve (12) years for his OVWI causing death
conviction and enhanced that sentence by eighteen (18) years for his habitual
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offender adjudication. In total, the trial court sentenced Campos to thirty (30)
years executed. Campos now appeals.
Decision
[8] On appeal, Campos argues that his sentence was inappropriate and asks us to
revise it to a lesser sentence. Under Indiana Appellate Rule 7(B), we may revise
a sentence if it is inappropriate in light of the nature of the offense and the
character of the offender. The defendant has the burden of persuading us that
his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind.
2006). The principal role of a Rule 7(B) review is “to attempt to leaven the
outliers, and identify some guiding principles for trial courts and those charged
with improvement of the sentencing statutes, but not to achieve a perceived
‘correct’ result in each case.” Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind.
2008). Whether a sentence is inappropriate ultimately turns on “the culpability
of the defendant, the severity of the crime, the damage done to others, and a
myriad of other factors that come to light in a given case.” Id. at 1224.
[9] When determining whether a sentence is inappropriate, we acknowledge that
the advisory sentence “is the starting point the Legislature has selected as an
appropriate sentence for the crime committed.” Childress, 848 N.E.2d at 1081.
A Level 4 felony carries a sentencing range of two (2) to twelve (12) years, with
an advisory sentence of six (6) years. I.C. § 35-50-2-5.5. An additional term of
six (6) to twenty (20) years may be added to that sentence if the defendant is
adjudicated to be an habitual offender. I.C. § 35-50-2-8(i)(1). As the trial court
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sentenced Campos to an aggregate term of thirty (30) years, his sentence was
two (2) years less than the maximum sentence he could have received. Campos
argues that this sentence was inappropriate in light of the nature of his offense
and his character. We disagree.
[10] As for the nature of his offense, Campos was driving 81 miles per hour five
seconds before he crashed into, and killed, Brown. Campos had been drinking
for three days and admitted that he had drunk 15 Budweiser beers before
driving that night. After Trooper Black administered a portable blood test,
Campos laughed when he asked what his result was. Then, investigators later
determined that his blood alcohol level was .289, over three times the legal
limit.
[11] Turning to Campos’ character, we note that Campos has numerous criminal
convictions, a lengthy history of criminal behavior that did not result in
convictions, and a lengthy history of substance abuse. Specifically, he has three
prior felony convictions, one pending felony charge, eight misdemeanor
convictions, and four probation violations. He was on probation when he
committed the instant offense. He also has admitted that he used marijuana
daily for twenty-five years, used methamphetamines for fifteen years, and
overdosed on heroin. Campos’ length criminal history and behavior, as well as
his numerous probation violations, demonstrate that he has little respect for the
law.
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[12] In light of the nature of Campos’ offense and his character, he has failed to
show that his sentence was inappropriate.
[13] Affirmed.
Vaidik, C.J., and Barnes, J., concur.
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