James E. Martin, Jr., Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Vanderburgh Circuit Court Trial Court Cause No.
82C01-1711-F6-6734 The Honorable Kelli E. Fink, Magistrate
Attorney for Appellant Karen M. Heard Vanderburgh County
Public Defender's Office Evansville, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Jesse R. Drum Supervising Deputy Attorney General
Darden, Senior Judge.
of the Case
James E. Martin, Jr., appeals the trial court's issuance
of a restitution order in the amount of $2, 000 after Martin
pleaded guilty to auto theft, a Level 6 felony. We affirm.
Martin raises one issue, which we restate as: whether the
trial court's restitution order is supported by
and Procedural History
Cheryl Fenwick owned a 1987 Jeep Comanche with a camper
shell. The Jeep needed a new clutch plate and a new
driver's side window, but it was otherwise functional.
Fenwick discovered that the Jeep had been removed from a
parking lot near her home without her permission, and she
called local salvage yards in an attempt to find it. She
learned that the Jeep had been sold for scrap to a particular
salvage yard on August 2, 2017. Fenwick called the police.
A detective with the Evansville Police Department went to the
salvage yard to investigate. During his investigation, he
learned that the Jeep had been partially crushed, and several
parts had been removed. The detective further learned that
Martin had sold the Jeep to the salvage yard for $121.60 as
scrap. As part of the sales process, Martin had signed an
affidavit stating that he owned the Jeep.
Martin was brought to police headquarters. During
questioning, he admitted that he had: (1) arranged to have
the Jeep towed to the salvage yard; (2) signed a document at
the salvage yard affirming that he was the Jeep's owner;
and (3) received money for the Jeep.
On November 1, 2017, the State charged Martin with auto
theft, a Level 6 felony, and further alleged that Martin was
an habitual offender. On August 28, 2018, the parties entered
into a plea agreement involving two pending cases against
Martin. In the current case, Martin agreed to plead guilty to
auto theft, and the State agreed to dismiss the habitual
offender enhancement. The parties further agreed that if the
trial court accepted the agreement, Martin would serve six
months in the Indiana Department of Correction. Finally,
Martin agreed and promised "to make full and complete
restitution in an amount to be determined by the court."
Appellant's App. Vol. II, p. 21.
On September 18, 2018, the victim, via the State, filed with
the trial court a claim for restitution. Fenwick asserted in
her claim that she was entitled to $3, 500 for the loss of
the Jeep and attached to the claim copies of ...