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English v. State

Court of Appeals of Indiana

February 14, 2014

MICHAEL D. ENGLISH, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

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 LAKE SUPERIOR COURT. The Honorable Thomas P. Stefaniak, Jr., Judge. Cause No. 45G04-1104-FC-42.

ATTORNEY FOR APPELLANT: P. JEFFREY SCHLESINGER, Crown Point, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ANGELA N. SANCHEZ, Deputy Attorney General, Indianapolis, Indiana.

BARNES, Judge. ROBB, J., and BROWN, J., concur.

OPINION

BARNES, Judge.

Michael English appeals his sentence for one count of Class D felony trespassing and one count of Class A misdemeanor possession of marijuana. We affirm.

Issue

English raises one issue, which we restate as whether his sentence is inappropriate under Indiana Appellate Rule 7(B).[1]

Facts

On the morning of March 30, 2011, Gary Police Department officers were dispatched to Riley School. The school was vacant and no longer in use but it had been locked and secured, and no one had permission to enter it. Upon arriving at the school, officers noticed that a window at the rear of the building had been broken out, and they could hear banging sounds coming from inside. Inside the building, officers found English, Lorenzo Blakely, and Jeremy Calo together in a room. Calo was smashing a computer monitor with an ax, while English and Blakely were standing near some tools, including screwdrivers, wrenches, hammers, and a flashlight. Several other computer monitors in the room had also been damaged. Officers placed English, Blakely, and Calo under arrest. A search incident to arrest revealed that English was in possession of marijuana.[2]

The State charged English with Class C felony burglary, Class D felony trespassing, and Class A misdemeanor possession of marijuana. English agreed to plead guilty to Class D felony trespassing and Class A misdemeanor possession of marijuana, and the State agreed to dismiss the burglary charge. Sentencing was left to the trial court's discretion. At the sentencing hearing, English attempted to argue that he thought he had permission to enter Riley School because he was interested in possibly purchasing the property from the Gary School Corporation through a middleman. The trial court imposed a ...


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