Robin R. Shinkle, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
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
of the Case
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.
and Procedural History
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.
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 ...