John P. Jones v. State of Indiana (mem. dec.)
51A04-1606-CR-1420
| Ind. Ct. App. | Apr 12, 2017Background
- John Paul Jones pleaded guilty to Level 5 felony dealing in methamphetamine pursuant to a plea agreement: State dismissed remaining counts and capped sentence at four years.
- PSI and amended PSI reflected Jones initially denying drug use; at sentencing he admitted limited meth use and that he participated despite claiming he was set up.
- Court imposed four years with one year suspended to probation and recommended purposeful incarceration; defense sought two years plus probation.
- Trial court found Jones lacked stable housing, employment, and significant family supports; he was ineligible for community corrections.
- Jones has a limited prior criminal history but poor community ties and inconsistent statements about drug use and responsibility for the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused its sentencing discretion | State: sentence within plea cap and supported by findings | Jones: court abused discretion by imposing maximum cap and relying on unstable housing finding | No abuse; record supports housing/employment findings and sentence within plea cap |
| Whether sentence is inappropriate under App. R. 7(B) | State: 4 years (1 suspended) is within range and justified by offense/character | Jones: sentence is inappropriate given limited criminal history and nature of offense | Sentence not inappropriate; close to advisory and justified by offense details and character issues |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standards for reviewing sentencing statements and abuse of discretion)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (appellant bears burden to show sentence inappropriate)
- Alvies v. State, 905 N.E.2d 57 (Ind. Ct. App. 2009) (appellate authority to review and revise sentences under Article 7 and Rule 7(B))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (nature of App. R. 7(B) review and factors to consider)
