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Lewicki v. State

Court of Appeals of Indiana

February 14, 2014

DAVID LEWICKI, 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 MADISON CIRCUIT COURT. The Honorable David Happe, Judge. Cause No. 48C04-1210-FA-1836.

ATTORNEY FOR APPELLANT: ANTHONY C. LAWRENCE, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; J.T. WHITEHEAD, Deputy Attorney General, Indianapolis, Indiana.

FRIEDLANDER, Judge. KIRSCH, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

David Lewicki was convicted of class A felony Robbery,[1] class B felony Criminal Confinement,[2] and class C felony Battery,[3] and he admitted to being a habitual offender.[4] The trial court sentenced Lewicki to an aggregate term of sixty years, with fifty years executed and ten years suspended to probation. Lewicki now appeals and presents the following restated issues for our review:

1. Did the trial court abuse its sentencing discretion in its consideration of aggravating and mitigating factors?
2. Is Lewicki's sentence inappropriate in light of the nature of the offense and his character?
We affirm.

On March 8, 2012, Lewicki, Martez Brown, Victor Hood, and Terrance Tyler were all inmates in the same cell block at the Madison County Detention Center. At approximately 9:50 p.m., while Tyler lay asleep in his cell, Lewicki, Brown, and Hood entered the cell and began beating Tyler, knocking him unconscious. When Tyler regained consciousness, he was disoriented and came out of his cell and sat on a nearby table. At that time, Brown and Hood again attacked Tyler, punching him and knocking him to the ground before dragging him into Lewicki's cell, where they continued to beat him. During the second attack, Lewicki went into Tyler's cell and stole a sack of commissary items belonging to Tyler. At approximately 11:00 p.m., correctional officers became aware that Tyler was bleeding and needed medical assistance. Tyler had sustained a black eye, a laceration to the back of the head, and a number of bruises.

As a result of these events, the State charged Lewicki with class A felony robbery, class B felony criminal confinement, and class C felony battery, and alleged that Lewicki was a habitual offender. A two-day jury trial commenced on March 12, 2013, and Lewicki was found guilty of robbery, criminal confinement, and battery as charged. Thereafter, Lewicki admitted to being a habitual offender. Lewicki was sentenced to concurrent terms of thirty years for robbery, fourteen years for criminal confinement, and six years for battery, and his robbery conviction was enhanced bye thirty years based on the habitual offender adjudication. Thus, Lewicki ...


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