Preview:

Pursuant to Ind.Appellate Rule 65(D),  this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.







    
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

WILLIAM S. FRANKEL, IV   GREGORY F. ZOELLER
Wilkinson, Goeller, Modesitt,    Attorney General of Indiana
Wilkinson & Drummy, LLP
Terre Haute, Indiana     JAMES B. MARTIN
       Deputy Attorney General
       Indianapolis, Indiana
  



IN THE
COURT OF APPEALS OF INDIANA




DYLAN R. SINN, )
)
Appellant-Defendant, )
)
vs. ) No. 84A01-1106-CR-318
)
STATE OF INDIANA, )
    )
Appellee-Plaintiff. )




APPEAL FROM THE VIGO SUPERIOR COURT  
The Honorable David R. Bolk, Judge
Cause Nos.  84D03-0408-FA-2260, 84D03-1103-FD-830 & 84D03-0910-FD-3398




December 30, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

VAIDIK, Judge



Case Summary
After entering into a plea agreement which covers three cause numbers, Dylan R. Sinn now appeals his aggregate sentence of thirteen years for violating his probation, committing two Class D felony drug-related offenses, and being a habitual substance offender.  Sinn contends both that the trial court abused its discretion in failing to find his substance abuse as a mitigator and that his sentence is inappropriate.   Finding no abuse of discretion and that Sinn has failed to persuade us that this thirteen-year sentence is inappropriate, we affirm.    
Facts and Procedural History
  This appeal involves three separate cases concerning Sinn.  In August 2004, the State charged Sinn with Class A felony dealing in methamphetamine, Class B felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor criminal recklessness, and Class D felony possession of marijuana under Cause No. 84D03-0408-FA-2260 (Cause No. 2260).  In November 2005, Sinn pled guilty to Class B felony dealing in methamphetamine and Class B felony unlawful possession of a firearm by a serious violent felon.  Pursuant to the plea agreement, the other charges were dismissed.  The trial court sentenced Sinn to an aggregate term of twenty years with twelve years executed, eight years suspended, and six years of probation.  While in the DOC, Sinn had a major conduct report for possession of intoxicants.  Tr. p. 88.  It appears that Sinn was released to probation in May 2009 after leaving the DOC and participating in a Community Transition Program.  
In October 2009, while Sinn was on probation in the above case, the State charged him with Class D felony resisting law enforcement, Class D felony battery resulting in bodily injury, Class B misdemeanor disorderly conduct, Class B misdemeanor public intoxication, and habitual offender enhancement under Cause No. 84D03-0910-FD-3398 (Cause No. 3398).  
The Vigo County Probation Department promptly filed a notice of probation violation in Cause No. 2260 based on the new charges that the State filed against Sinn in Cause No. 3398.
Meanwhile, Sinn.s jury trial in Cause No. 3398 was rescheduled several times to late April 2011.  In March 2011, the State charged Sinn with Class D felony possession of marijuana, Class D felony maintaining a common nuisance, and habitual substance offender enhancement under Cause No. 84D03-1103-FD-830 (Cause No. 830).  
On April 26, 2011, Sinn entered into a plea agreement for all three cause numbers.  Specifically, Sinn admitted that he violated his probation in Cause No. 2260.  He also pled guilty to Class D felony possession of marijuana and Class D felony maintaining a common nuisance and admitted to being a habitual substance offender in Cause No. 830.  Pursuant to the plea agreement, the State dismissed all charges in Cause No. 3398 and the parties agreed that the sentences in Cause Nos. 2260 and 830 would run consecutively.1  
1 The State also dismissed a driving while suspended charge in another cause number.  Tr. p. 5.  In addition, the record reveals that in February 2010, while Sinn was still on probation in Cause No. 2260, he was arrested for operating while intoxicated in yet another cause number.  Sinn was convicted of OWI in November 2010.        

A sentencing hearing was held in May 2011 for Cause Nos. 830 and 2260.  The twenty-six-year-old Sinn testified that he had a drug problem since the age of twelve,
which started with methamphetamine and then extended to alcohol and marijuana.  Sinn explained that the only time he received alcohol and drug treatment was when he was fifteen or sixteen years old.  Nevertheless, Sinn admitted having a good upbringing.  When talking about his soon-to-be-born twins, Sinn said,

Download 12301103nhv.pdf

Indiana Law