Background

• Wells was on parole after a Class D felony theft conviction and prison term when he stole items (including liquor) from a Wal-Mart on December 30, 2014.
• He was charged with theft and pleaded guilty seven days before trial to Level 6 felony theft with a prior.
• Sentencing occurred July 23, 2015; the court imposed an executed 2.5-year sentence to be served consecutively to his prior sentence.
• The trial court found Wells’ extensive criminal history and failed rehabilitation efforts to be aggravating; it recognized his guilty plea and remorse as mitigating.
• Wells appealed, arguing his sentence was inappropriate under Indiana Appellate Rule 7(B) in light of the nature of the offense and his character.
• The appellate court reviewed the appropriateness of the sentence and affirmed, emphasizing Wells’ recidivism and that the offense occurred while on parole.

Issues

Key Cases Cited

• Gibson v. State, 856 N.E.2d 142 (Ind. Ct. App. 2006) (trial court’s recognition of aggravators/mitigators guides 7(B) review)
• Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate review’s role is to "leaven the outliers")
• Roush v. State, 875 N.E.2d 801 (Ind. Ct. App. 2007) (defendant bears burden to show sentence inappropriate)
• King v. State, 894 N.E.2d 265 (Ind. Ct. App. 2008) (inappropriateness standard asks whether imposed sentence is inappropriate, not whether another would be better)
• Johnson v. State, 986 N.E.2d 852 (Ind. Ct. App. 2013) (advisory sentence as starting point for 7(B) review)
• Holloway v. State, 950 N.E.2d 803 (Ind. Ct. App. 2011) (assessing whether offense is more/less egregious than typical for advisory sentence)
• Aslinger v. State, 2 N.E.3d 84 (Ind. Ct. App. 2014) (broad consideration of offender’s character in sentencing review)
• Bryant v. State, 841 N.E.2d 1154 (Ind. 2006) (criminal history’s weight depends on gravity, proximity, and number of prior offenses)