DARIN M. WILSON, Appellant-Defendant,
STATE OF INDIANA, Appellee-Plaintiff
These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE VIGO SUPERIOR COURT. The Honorable John T. Roach, Judge. Cause No. 84D01-1301-FB-294.
ATTORNEY FOR APPELLANT: CARA SCHAEFER WIENEKE, Wieneke Law Office, LLC, Plainfield, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ANDREW FALK, Deputy Attorney General, Indianapolis, Indiana.
BROWN, Judge. ROBB, J., and BARNES, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
Darin M. Wilson appeals his sentence for burglary as a class B felony. Wilson raises one issue which we revise and restate as whether his sentence is inappropriate in light of the nature of the offense and the character of the offender. We affirm.
FACTS AND PROCEDURAL HISTORY
On or about January 28, 2013, Wilson broke and entered the dwelling of Kenneth Williams in Terre Haute with the intent to commit theft. On or about the same day, Wilson recklessly, knowingly, or intentionally damaged Williams's property including a door frame, two windows, carpets, and other items resulting in a loss of at least $2,500. The same day, Wilson knowingly fled from a law enforcement officer after the officer identified himself and ordered Wilson to stop.
On February 1, 2013, the State charged Wilson with Count I, burglary as a class B felony; Count II, criminal mischief as a class D felony; and Count III, resisting law enforcement as a class A misdemeanor, and alleged that Wilson was an habitual offender. The court scheduled a trial for July 8, 2013.
On the day of the scheduled trial, Wilson pled guilty to all three counts and to being an habitual offender pursuant to a plea agreement. As part of the plea agreement, charges were dismissed under another cause number which included three counts of receiving stolen property as class D felonies, two counts of possession of paraphernalia as class A misdemeanors, and another allegation that Wilson was an habitual offender. The plea agreement also provided that certain probation violations would be dismissed under another cause number. The court accepted Wilson's plea and scheduled a sentencing hearing.
On August 12, 2013, the court held a sentencing hearing. Shirley Williams, Kenneth Williams's wife, asked why Wilson ...