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McGriff v. State

Court of Appeals of Indiana

September 5, 2014

ANTHONY W. McGRIFF, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

The Publication Status of this Document has been Changed by the Court from Unpublished to Published November 5, 2014.

APPEAL FROM THE WELLS CIRCUIT COURT. The Honorable Kenton W. Kiracofe, Judge. Cause No. 90C01-1212-FB-26.

ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JESSE R. DRUM, Deputy Attorney General, Indianapolis, Indiana.

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

OPINION

MAY, Judge

Anthony W. McGriff appeals his eight-year sentence for Class B felony burglary.[1] He asserts the Wells County Court abused its discretion by ordering his sentence to run consecutive to his sentences for two Class B felony burglaries in other counties. We affirm.

Page 157

FACTS AND PROCEDURAL HISTORY

On November 16, 2012, McGriff, Stephanie McGriff (Stephanie), and Jeffrey Sower (Jeffrey) burglarized the home of Donald Lloyd in Wells County. The vehicle used in the burglary -- owned by Judith Sower (Judith) -- was linked to a series of robberies in nearby counties. Grant County law enforcement officers obtained a warrant and began tracking the vehicle. On December 7, they tracked the vehicle to a house in Blackford County and confirmed that someone had forcibly entered the house. After the vehicle left that house, officers stopped it and arrested those found inside: McGriff, Stephanie, Jeffrey, and Judith.

McGriff pled guilty to two burglaries in Grant County, which he committed on November 13, 2012; one in Wells County, which he committed on November 16; and one in Blackford County, which he committed on December 7, the day he was arrested. On July 1, 2013, the Blackford Circuit Court sentenced him to twenty years in the Department of Correction (DOC) with ten years suspended to probation and ordered the sentence served " [c]oncurrent to Wells Co. (90C01-1212-FB-26) and Grant Co. (27C01-1301-FB-3)." (App. at 273.) On October 4, 2013, the Grant Circuit Court sentenced him to twelve years in the DOC with two years suspended to probation and ordered the sentence served " [c]oncurrent to Blackford County." ( Id.) On November 6, the Wells Circuit Court sentenced McGriff to eight years in the DOC and ordered him to serve that time consecutive to his sentences from Blackford County and Grant County.

DISCUSSION AND DECISION

Whether to impose consecutive or concurrent sentences is within the trial court's sound discretion and is reviewed only for an abuse of discretion. Gellenbeck v. State, 918 N.E.2d 706, 712 (Ind.Ct.App. 2009). A single aggravating circumstance may support the imposition of consecutive sentences. Id. The trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances. Id.

The Wells County Court did not abuse its discretion when it sentenced McGriff to serve his Wells County sentence consecutive to his concurrent sentences from Blackford ...


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