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: JASON A. CHILDERS Anderson, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 08 2010, 9:44 am

IN THE COURT OF APPEALS OF INDIANA
ROBERT A. SOLOMON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 48A02-1005-CR-587

APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Rudolph Pyle, III, Judge Cause No. 48C01-0708-FA-393

December 8, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Robert Solomon appeals from his sentence after pleading guilty to one count of dealing in cocaine as a class A felony, maintaining a common nuisance as a class D felony, resisting law enforcement as a class D felony, possession of marijuana as a class A misdemeanor, and carrying a handgun without a license as a class A misdemeanor. Solomon raises the following issue for our review: Is Solomon's sentence inappropriate in light of the nature of the offense and the character of the offender? We affirm. On July 12, 2007, in Anderson, Indiana, the Madison County Drug Task Force set up a purchase of cocaine from Solomon through a confidential informant. Solomon and his girlfriend, Garneitha Bledsoe, arrived at the pre-arranged meeting place. Two members of the drug task force, Detective Kevin Early and Detective Stephon Blackwell, who were wearing their badges on chains around their necks, approached the 2007 Dodge Charger that was occupied by Solomon and Bledsoe. The officers ordered Solomon to exit the vehicle. Instead, Solomon accelerated out of the parking lot, fleeing at a high rate of speed. Officer Gabe Bailey of the Anderson Police Department was nearby to assist the drug task force officers and pursued Solomon with fully activated lights and siren. Solomon attempted a turn at a high rate of speed, crashing the car into a curb and a stop sign. Solomon and Bledsoe exited the vehicle and ignored police commands to stop. Solomon and Bledsoe were later apprehended hiding in an unoccupied residence they had broken into. During their flight from police, Solomon had thrown a gun and some crack cocaine out of the car window. After the State filed charges against Solomon, he entered into a plea agreement. The plea agreement contained a provision capping the executed time at thirty years. The trial
2

court accepted the guilty plea, ordered the sentences to be served concurrently, and sentenced Solomon to an aggregate sentence of thirty years executed. Solomon filed a motion to modify his sentence, which the trial court denied. After a second motion to modify his sentence was filed and denied by the trial court, Solomon appeals. Solomon argues that his thirty-year aggregate sentence is inappropriate in light of the nature of the offense and the character of the offender. This Court has the constitutional authority to revise a sentence if, after "due consideration" of the trial court's decision, this Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender. Ind. Appellate Rule 7(B); Childress v. State, 848 N.E.2d 1073, 1076 (Ind. 2006). The burden is on the defendant to persuade the appellate court that his sentence is inappropriate. Childress, 848 N.E.2d 1073. Sentencing is principally a discretionary function in which the trial court's judgment should receive considerable deference. Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008). We understand and recognize the unique perspective a trial court brings to its sentencing decisions. Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) clarified on reh'g, 875 N.E.2d 218 (Ind. 2007). The plea agreement capped the executed time the trial court could impose at thirty years executed. The advisory sentence for a class A felony is thirty years with a sentencing range of between twenty to fifty years. Ind. Code Ann.

Download Robert Anthony Solomon v. State of Indiana.pdf

Indiana Law