Warren Curtis III v. State of Indiana (mem. dec.), 45A04-1610-CR-2360

On March 30, 2016, Curtis and an acquaintance, after using drugs, entered Octavia Wilson’s home without permission and took her car keys; Wilson was traumatized. Curtis was charged with multiple offenses; the State amended to a Level 5 burglary (with intent to commit auto theft) as part of a plea agreement.
Curtis pleaded guilty to the Level 5 burglary in exchange for dismissal of other charges and related cases; sentencing was left to the trial court.
At sentencing the court heard victim impact (Wilson not present), character testimony from Curtis’s partner (who has children with him), and the parties’ recommendations: the State sought four years DOC; defense asked for a mitigated/probationary sentence.
The presentence materials showed Curtis had extensive juvenile adjudications for offenses including auto theft and burglary, one adult misdemeanor conviction, a pending driving-suspended charge, and jail rule violations while awaiting trial.
The trial court found multiple aggravators (juvenile history, pattern of criminal activity, disrespect for authority, need for correctional rehabilitation, nature of the offense) and limited mitigators (age, guilty plea, dependent children), and imposed the maximum six-year sentence with the last year in community corrections.
Curtis appealed under Indiana Appellate Rule 7(B), arguing the six-year sentence is inappropriate in light of the nature of the offense and his character.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Curtis)	Held
Whether the six-year sentence is inappropriate under App. R. 7(B)	The sentence is appropriate given the victim trauma, intrusion into a home, Curtis’s drug use at the time, and his long history of delinquency and ongoing rule violations.	The sentence is excessive: offense was out of character, he is an active father who supports his children, has only one adult conviction, and the maximum should be reserved for the worst offenders.	Affirmed — six-year sentence not inappropriate.

Cotto v. State, 829 N.E.2d 520 (Ind. 2005) (criminal history may be considered when assessing offender character)
Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (burden on defendant to show sentence inappropriate under Rule 7(B))
Hines v. State, 30 N.E.3d 1216 (Ind. 2015) (deference to trial court in sentencing; factors for appellate review)
Spitler v. State, 908 N.E.2d 694 (Ind. Ct. App. 2009) (courts may consider any record factors when reviewing nature/character)
Wells v. State, 2 N.E.3d 123 (Ind. Ct. App. 2014) (compare offense to typical offense for advisory sentence analysis)
Hamilton v. State, 955 N.E.2d 723 (Ind. 2011) (maximum reserved for worst offenders principle cited)
Helsley v. State, 43 N.E.3d 225 (Ind. 2015) (Appellate Rule 7(B) standard described)
Stephenson v. State, 29 N.E.3d 111 (Ind. 2015) (deference unless compelling positive evidence of lesser culpability)
Harris v. State, 897 N.E.2d 927 (Ind. 2008) (significance of criminal history depends on gravity, nature, and number of priors)
Nybo v. State, 799 N.E.2d 1146 (Ind. Ct. App. 2003) (trial court should not punish defendant for leniency in plea agreement)
Anderson v. State, 396 N.E.2d 960 (Ind. Ct. App. 1979) (probable cause affidavit is accusation, not evidence)