Tyler J. Collins v. State of Indiana (mem. dec.)
79A05-1612-CR-2894
Ind. Ct. App.Jun 7, 2017Background
- On August 26, 2016, Tyler J. Collins knowingly possessed and used a syringe to inject heroin; charged with unlawful possession of a syringe (level 6 felony).
- State amended information to add possession of paraphernalia with a prior (class A misdemeanor) but later forwent that charge when Collins pled guilty to Count I on November 4, 2016.
- Collins sought bond reduction and enrolled in Sycamore Springs substance-abuse treatment as a condition of reduced bond; he claimed compliance and receipt of Vivitrol injections.
- At sentencing, Collins asked to withdraw his plea; the court denied the request, heard testimony regarding his mental-health diagnoses and addiction, and considered his criminal history and prior treatment failures.
- The court found aggravators (criminal history, multiple revocations, failed rehabilitations) and sentenced Collins to 2.5 years executed, to be served in Tippecanoe County Community Corrections if accepted, with credit for time served; if removed from Community Corrections, he must serve the balance in jail or DOC.
- Collins appealed, arguing the sentence was inappropriate under Indiana Appellate Rule 7(B) given his offense and character (mental illness and need for treatment); the State emphasized his extensive criminal record and noncompliance history.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Collins) | Held |
|---|---|---|---|
| Whether Collins's 2.5-year executed sentence is inappropriate under Ind. Appellate Rule 7(B) | Collins has a long history of felony/misdemeanor convictions, probation violations, and prior leniency that didn't rehabilitate him; sentence appropriate | Collins victimized only himself, sought treatment voluntarily, has mental-health and addiction issues, and would benefit more from probation-based treatment than full execution | Court affirmed: Collins did not meet burden to show sentence inappropriate in light of offense and character |
Key Cases Cited
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to persuade appellate court that sentence is inappropriate under Ind. Appellate Rule 7(B))
