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John P. Jones v. State of Indiana (mem. dec.)
51A04-1606-CR-1420
| Ind. Ct. App. | Apr 12, 2017
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Background

  • 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)
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Case Details

Case Name: John P. Jones v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Apr 12, 2017
Docket Number: 51A04-1606-CR-1420
Court Abbreviation: Ind. Ct. App.