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: MARK A. BATES Office of the Lake County Public Defender Appellate Division Crown Point, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JANINE STECK HUFFMAN Deputy Attorney General Indianapolis, Indiana

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

IN THE COURT OF APPEALS OF INDIANA
ROBYN N. HOGAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

May 16 2011, 9:48 am

CLERK

No. 45A03-1006-CR-309

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Clarence D. Murray, Judge Cause No. 45G02-0906-FB-62

May 16, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Robyn N. Hogan appeals her sentence for three counts of Class B felony dealing in cocaine.1 Hogan claims the trial court abused its discretion in sentencing her to three concurrent twelve-year sentences and her sentence is inappropriate in light of her crimes and character. We affirm. FACTS AND PROCEDURAL HISTORY On multiple occasions between May 11, 2009, and June 24, 2009, a confidential informant met Hogan and bought cocaine from her. The State charged Hogan with Class D felony maintaining a common nuisance,2 Class D felony possession of cocaine,3 and ten counts of Class B felony dealing in cocaine. Hogan agreed to plead guilty to three counts of Class B felony dealing cocaine in exchange for a sentence cap of twelve years, concurrent sentences, and dismissal of the remaining charges. The court accepted her plea and entered convictions of the three Class B felonies. At the sentencing hearing, the court found "a significant aggravating factor" in the nature and circumstances of Hogan's crimes, (Tr. at 44; App. at 24), and an aggravator in her violation of the conditions of pretrial release. It found mitigators in Hogan's lack of prior criminal history, her guilty plea, and her pre-sentence rehabilitation efforts while in jail. The court imposed a twelve-year sentence for each count, ordered all three served concurrently, and ordered one year suspended to probation.

1 2

Ind. Code

Download Robyn N. Hogan v. State of Indiana.pdf

Indiana Law