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Shinkle v. State

Court of Appeals of Indiana

July 8, 2019

Robin R. Shinkle, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Dearborn Superior Court Cause No. 15D01-1712-F2-15 The Honorable Jonathan N. Cleary, Judge

          Attorney for Appellant R. Patrick Magrath Alcorn Sage Schwartz & Magrath, LLP Madison, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Samantha M. Sumcad Deputy Attorney General Indianapolis, Indiana

          NAJAM, JUDGE.

         Statement of the Case

         [¶1] Robin R. Shinkle appeals his sentence after he pleaded guilty to dealing in methamphetamine, as a Level 2 felony. Shinkle raises a single issue for our review, namely, whether his seventeen-and-a-half-year sentence-the final three years of which were suspended to probation, and the final two years of incarceration prior to probation ordered to be served on home detention-is inappropriate in light of the nature of the offense and his character.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] Around October of 2017, Lawrenceburg police officers learned that Shinkle was involved in dealing in methamphetamine. Between late October and December 1, those officers engaged in six controlled buys of methamphetamine from Shinkle. On December 6, officers initiated a traffic stop of Shinkle's vehicle and, during that stop, conducted a canine search of the exterior of his vehicle. The canine unit indicated the presence of narcotics in Shinkle's vehicle, which officers then searched, seizing "well above 20 grams" of methamphetamine. Tr. at 28. Shinkle later admitted the methamphetamine was his.

         [¶4] The State charged Shinkle with dealing in methamphetamine, as a Level 2 felony; possession of methamphetamine, as a Level 4 felony; possession of a syringe, as a Level 6 felony; and with being a habitual offender. Thereafter, Shinkle agreed to plead guilty to the Level 2 felony allegation, and, in exchange, the State agreed to dismiss the other charges. The trial court accepted Shinkle's guilty plea and, following a hearing, sentenced him as follows:

As far as the character of the offender, . . . the Court is required to consider the presentence investigation, which is an aggravating factor in this case.
The long history began in 1997, OWI. He received pretrial diversion in Ripley County. Battery, a diversion in 1998, Ripley County. 2000, check deception, diversion, Dearborn County. 2000, operating without a license, it looks like that was an infraction in Ripley County. And then it looks like there's actually operating a vehicle after suspension, prior, an A misdemeanor . . . .
2000, driving while suspended, in Jennings County, conviction. 2000, check deception, diversion, in Ripley County. 2001, driving while suspended, conviction in Jennings County. 2002, felony theft conviction, Jennings County. Probation violation for failure to report moving without providing notice, and positive for methamphetamine, second probation violation for a new criminal offense. Third probation violation, for failure to report. 2002, Ripley County, check deception, conviction. Probation violation for new offenses. 2001, driving while suspended, conviction, probation violation for new offenses.
2002, driving while suspended, conviction. Probation violation for methamphetamine, and other violations. 2003, operating while suspended, conviction in Ripley County. 2003, felony theft, conviction in Ripley County. 2005, battery, diversion in Ripley County. 2005, non-support of a dependent child, a Class C felony in Dearborn County. Received a sentence of eight years, with all eight years suspended to probation. You had ...

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