Fernando Arellano v. State of Indiana (mem. dec.)
45A05-1707-CR-1519
| Ind. Ct. App. | Dec 18, 2017Background
- On Nov. 10, 2016, Fernando Arellano and an accomplice went to a residence intending to steal; Arellano forcibly entered, moved electronics toward a window, and later fought with the homeowner, cutting the homeowner’s hand with a knife.
- The State charged Arellano with multiple burglary counts (including burglary with a deadly weapon, burglary resulting in bodily injury, and burglary of a dwelling).
- Pursuant to a plea agreement Arellano pled guilty to burglary resulting in bodily injury, a Level 3 felony; other charges were dismissed and the State agreed not to seek habitual-offender enhancement; the parties capped the sentence at ten years.
- The trial court accepted the plea and imposed the agreed ten-year sentence (advisory for a Level 3 is nine years; statutory maximum is sixteen).
- Arellano appealed, arguing the trial court failed to provide a sufficient explanation for imposing a sentence above the advisory term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court gave an adequate explanation for the 10-year sentence above the 9-year advisory term | State: the court’s oral statement identified aggravating circumstances and was sufficient | Arellano: the court failed to provide an adequate sentencing statement explaining the enhancement | Court affirmed: the oral remarks showing Arellano’s extensive criminal history and refusal to reform constituted an adequate aggravator to justify the ten-year sentence |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (trial courts must state reasons for sentencing; appellate review for abuse of discretion)
- Moore v. State, 882 N.E.2d 788 (Ind. Ct. App. 2008) (consider both written and oral sentencing statements for adequacy)
- Loyd v. State, 787 N.E.2d 953 (Ind. Ct. App. 2003) (a single aggravator can justify an enhanced sentence)
- Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012) (criminal history can be a sufficient aggravator when adequately articulated)
- Currie v. State, 448 N.E.2d 1252 (Ind. Ct. App. 1983) (mere recitation of prior convictions, without explanation, may be insufficient as an aggravator)