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Prater v. State

Court of Appeals of Indiana

August 31, 2016

John Prater, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Wabash Superior Court Trial Court Cause No. 85D01-1512-F6-1152 The Honorable Christopher M. Goff, Judge

          ATTORNEY FOR APPELLANT Daniel J. Vanderpool Vanderpool Law Firm, PC Warsaw, Indiana

          ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

          Barnes, Judge.

         Case Summary

         [1] John Prater appeals his sentence for Level 6 felony aiding in dumping controlled substance waste. We affirm in part, reverse in part, and remand.

         Issues

         [2] Prater raises two issues, which we restate as:

I. whether the trial court abused its discretion when it sentenced him; and
II. whether his sentence is inappropriate in light of the nature of the offense and the character of the offender.

         Facts

         [3] On November 17, 2015, Prater was driving his vehicle in Wabash, and Grant Tacker was a passenger. Prater told Tacker to throw a bag that contained controlled substance waste from the manufacture of methamphetamine out the window, and Tacker did so.

         [4] On December 15, 2015, the State charged Prater with Level 6 felony aiding in dumping a controlled substance waste and Class B misdemeanor visiting a common nuisance. At his initial hearing on December 17, 2015, Prater pled guilty to Level 6 felony aiding in dumping a controlled substance waste. A sentencing hearing was held on January 14, 2016. The trial court sentenced Prater to one and one-half years in the Department of Correction ("DOC"). Prater now appeals.

         Analysis

         I. ...


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