MEMORANDUM DECISION FILED
Pursuant to Ind. Appellate Rule 65(D), Apr 27 2017, 11:03 am
this Memorandum Decision shall not be CLERK
Indiana Supreme Court
regarded as precedent or cited before any Court of Appeals
and Tax Court
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
Stanley L. Campbell Curtis T. Hill, Jr.
Fort Wayne, Indiana Attorney General of Indiana
Ellen H. Meilaender
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Scott K. Jordan, April 27, 2017
Appellant-Defendant, Court of Appeals Case No.
02A03-1612-CR-2750
v. Appeal from the Allen Superior
Court
State of Indiana, The Honorable Frances C. Gull,
Appellee-Plaintiff. Judge
Trial Court Cause No.
02D04-1604-F3-30
Najam, Judge.
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Statement of the Case
[1] Scott K. Jordan appeals his sentence following his conviction for robbery, as a
Level 3 felony. On appeal he raises one issue, namely, whether his sentence is
inappropriate in light of the nature of the offense and his character. We affirm.
Facts and Procedural History
[2] On April 18, 2016, Jordan went to a Walgreens pharmacy in Fort Wayne and,
while armed with a firearm, gave to one of the pharmacists a written note that
stated: “Bottle of methadone now or I will shoot I have nothing to lose 30 sec!”
Appellant’s App. Vol. II at 9, 25. Jordan had placed his hand under his coat to
indicate that he had a gun, which caused the pharmacist to believe that he did
have a gun. The pharmacist gave Jordan one bottle with 100 10mg pills of
methadone, and Jordan swallowed some of the pills as he exited the Walgreens.
The police subsequently located Jordan seated in a grassy area on the west side
of the Walgreens. Jordan admitted to the officers that he was the one who had
robbed the store, and the officers found the stolen bottle of methadone pills in
Jordan’s jacket pocket.
[3] On April 22, the State charged Jordan with robbery, as a Level 3 felony. On
October 14, Jordan pleaded guilty as charged without a plea agreement.
Following a sentencing hearing on November 8, the court imposed a sixteen-
year sentence. This appeal ensued.
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Discussion and Decision
[4] Jordan contends that his sentence is inappropriate in light of the nature of the
offense and his character. Article 7, Sections 4 and 6 of the Indiana
Constitution “authorize[] independent appellate review and revision of a
sentence imposed by the trial court.” Roush v. State, 875 N.E.2d 801, 812 (Ind.
Ct. App. 2007) (alteration original). This appellate authority is implemented
through Indiana Appellate Rule 7(B). Id. Revision of a sentence under Rule
7(B) requires the appellant to demonstrate that his sentence is inappropriate in
light of the nature of his offenses and his character. See Ind. Appellate Rule
7(B); Rutherford v. State, 866 N.E.2d 867, 873 (Ind. Ct. App. 2007). We assess
the trial court’s recognition or non-recognition of aggravators and mitigators as
an initial guide to determining whether the sentence imposed was
inappropriate. Gibson v. State, 856 N.E.2d 142, 147 (Ind. Ct. App. 2006).
However, “a defendant must persuade the appellate court that his or her
sentence has met th[e] inappropriateness standard of review,” Roush, 875
N.E.2d at 812 (alteration original). He must demonstrate that his sentence is
inappropriate in light of both the nature of the offense and his character.
Baumholser v. State, 62 N.E.3d 411, 418 (Ind. Ct. App. 2016), trans. denied.
[5] Indiana’s flexible sentencing scheme allows trial courts to tailor an appropriate
sentence to the circumstances presented, and the trial court’s judgment “should
receive considerable deference.” Cardwell v. State, 895 N.E.2d 1219, 1222, 1224
(Ind. 2008). The principal role of appellate review is to attempt to “leaven the
outliers.” Id. at 1225. Whether we regard a sentence as inappropriate at the
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end of the day turns on “our sense of the culpability of the defendant, the
severity of the crime, the damage done to others, and myriad other facts that
come to light in a given case.” Id. at 1224. The question is not whether another
sentence is more appropriate, but rather whether the sentence imposed is
inappropriate. King v. State, 894 N.E.2d 265, 268 (Ind. Ct. App. 2008).
Deference to the trial court “prevail[s] unless overcome by compelling evidence
portraying in a positive light the nature of the offense (such as accompanied by
restraint, regard, and lack of brutality) and the defendant’s character (such as
substantial virtuous traits or persistent examples of good character).” Stephenson
v. State, 29 N.E.3d 111, 122 (Ind. 2015).
[6] Jordan contends that the nature of the offense does not support an enhanced
sentence. Although there was a lack of violence or brutality in his armed
robbery, Jordan must also show that his sentence is inappropriate in light of his
character. Baumholser, 62 N.E.3d at 418. He has failed to do so. While Jordan
points to his guilty plea and acceptance of responsibility as mitigating factors,
the trial court also noted that Jordan showed no remorse for the robbery. When
the presentence investigator asked him about his feelings regarding the robbery,
he responded, “Indifferent. I wasn’t trying to hurt nobody.” Appellant’s App.
Vol. II at 19.
[7] Moreover, “[w]hen considering the character of the offender, one relevant fact
is the defendant’s criminal history,” and “[t]he significance of criminal history
varies based on the gravity, nature, and number of prior offenses in relation to
the current offense.” Garcia v. State, 47 N.E.3d 1249, 1251 (Ind. Ct. App. 2015),
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trans. denied. Here, Jordan’s criminal history is extensive. Over his adult life,
he has accumulated nine misdemeanor convictions and sixteen felony
convictions across eight counties in three different states. In fact, Jordan was
on parole for a prior robbery when he committed the robbery at issue in this
case. He has been given the opportunity for probation four times, but each time
his probation was revoked. Further, Jordan committed a murder to which he
pleaded guilty and for which he was sentenced simultaneously with this case.
And he has a history of substance abuse but has failed to seek substance abuse
treatment despite having been given the opportunity to do so. As the State
points out, Jordan “has essentially been committing crimes non-stop since he
turned [nineteen] years old.” Appellee’s Br. at 8. Thus, we cannot say that his
sentence is inappropriate in light of his character.
[8] Affirmed.
Riley, J., and Bradford, J., concur.
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