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Clark v. State

Court of Appeals of Indiana

October 7, 2014

JUSTIN J. CLARK, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE JENNINGS CIRCUIT COURT. The Honorable Jon W. Webster, Judge. Cause No. 40C01-1106-FA-260.

ATTORNEY FOR APPELLANT: R. PATRICK MCGRATH, Madison, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; HENRY A. FLORES, JR., Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. NAJAM, J., and BAILEY, J., concur.

OPINION

PYLE, Judge

STATEMENT OF THE CASE

Appellant/Defendant, Justin J. Clark (" Clark" ), appeals his sentence of forty-five

Page 616

(45) years executed for his conviction of Class A felony robbery resulting in serious bodily injury.[1] He argues that the sentence was inappropriate in light of the nature of his offense and his character and that he should not have been sentenced to the same amount of time as his co-defendant. We disagree and conclude that the trial court's sentence was appropriate.

We affirm.

ISSUE

Whether Clark's sentence was inappropriate in light of the nature of his offense and his character.

FACTS

In the summer of 2011, two weeks after Clark was released from prison, his friend Keith Miller (" Miller" ) approached him with a plan to make money. Clark had met Miller in the Jackson County Jail in 2008, when both of them were inmates. Miller's plan was for the two of them to rob a jewelry store in North Vernon, Indiana. Miller had been to the jewelry store and had known about the store for several years. He claimed that he ...


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