MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Feb 02 2018, 5:53 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
Jeremy K. Nix Curtis T. Hill, Jr.
Huntington, Indiana Attorney General of Indiana
George P. Sherman
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Christopher F. Raddenbach, February 2, 2018
Appellant-Defendant, Court of Appeals Case No.
90A02-1709-CR-2163
v. Appeal from the Wells Superior
Court
State of Indiana, The Honorable Andrew K.
Appellee-Plaintiff Antrim, Judge
Trial Court Cause No.
90D01-1602-CM-40
Altice, Judge.
Case Summary
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[1] Christopher F. Raddenbach appeals the sentence imposed following his plea of
guilty to Class A misdemeanor operating a vehicle with an alcohol
concentration equivalent of .15 or more and his admission to being a habitual
vehicular substance offender. On appeal, Raddenbach argues that his sentence
is inappropriate in light of the nature of the offense and his character.
[2] We affirm.
Facts & Procedural History
[3] On February 6, 2016, two Wells County Sheriff’s Deputies had parked their
vehicles in a parking lot across the street from an apartment building. While
there, the deputies noticed a man, later identified as Raddenbach, standing in
front of the apartment building and waving his arms at them. Raddenbach gave
the deputies the middle finger before going inside the building. When
Raddenbach came back outside about a minute later, he got into a silver SUV,
backed the vehicle out of its parking spot, and turned it to face the deputies
across the street. For the next several minutes, Raddenbach alternated between
flashing the vehicle’s bright headlights and leaving them on for brief intervals.
[4] The deputies then drove across the street to speak to Raddenbach, and
Raddenbach told them that he was upset because he thought the deputies had
been deliberately shining their headlights into his apartment window.
Raddenbach displayed multiple signs of intoxication during this exchange and
he admitted that he had been drinking. After Raddenbach failed field sobriety
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tests, he submitted to a certified chemical breath test, which revealed an alcohol
concentration equivalent of .159.
[5] As a result of these events, the State charged Raddenbach with Class A
misdemeanor operating a vehicle with an alcohol concentration equivalent of
.15 or more and Class C misdemeanor operating a vehicle while intoxicated.
The State also alleged that Raddenbach was a habitual vehicular substance
offender. Raddenbach failed to appear for a hearing on March 3, 2016, and his
whereabouts were unknown until he was arrested on February 2, 2017.
[6] One June 15, 2017, Raddenbach pled guilty to the Class A misdemeanor charge
and admitted to being a habitual vehicular substance offender, and the State
dismissed the Class C misdemeanor charge. On August 17, 2017, the trial court
sentenced Raddenbach to one year for the Class A misdemeanor, enhanced by
three years based on the habitual vehicular substance offender finding.
Raddenbach now appeals.
Discussion & Decision
[7] Raddenbach argues that his four-year aggregate sentence is inappropriate.
Article 7, section 4 of the Indiana Constitution grants our Supreme Court the
power to review and revise criminal sentences. See Knapp v. State, 9 N.E.3d
1274, 1292 (Ind. 2014), cert. denied, 135 S.Ct. 978 (2015). Pursuant to Ind.
Appellate Rule 7, the Supreme Court authorized this court to perform the same
task. Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008). Per App. R. 7(B),
we may revise a sentence “if after due consideration of the trial court’s decision,
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the Court finds that the sentence is inappropriate in light of the nature of the
offense and the character of the offender.” Inman v. State, 4 N.E.3d 190, 203
(Ind. 2014) (quoting App. R. 7). “Sentencing review under Appellate Rule 7(B)
is very deferential to the trial court.” Conley v. State, 972 N.E.2d 864, 876 (Ind.
2012). “Such deference should prevail 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).
[8] The determination of whether we regard a sentence as inappropriate “turns on
our sense of the culpability of the defendant, the severity of the crime, the
damage done to others, and myriad other factors that come to light in a given
case.” Bethea v. State, 983 N.E.2d 1134, 1145 (Ind. 2013) (quoting Cardwell, 895
N.E.2d at 1224). Moreover, “[t]he principal role of such review is to attempt to
leaven the outliers.” Chambers v. State, 989 N.E.2d 1257, 1259 (Ind. 2013). It is
not our goal in this endeavor to achieve the perceived “correct” sentence in
each case. Knapp, 9 N.E.3d at 1292. Accordingly, “the question under
Appellate Rule 7(B) is not whether another sentence is more appropriate; rather,
the question is whether the sentence imposed is inappropriate.” King v. State,
894 N.E.2d 265, 268 (Ind. Ct. App. 2008) (emphasis in original).
[9] In order to assess the appropriateness of a sentence, we first look to the
statutory range established for the classification of the relevant offense.
Raddenbach committed a Class A misdemeanor and was found to be a habitual
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vehicular substance offender. Thus, the trial court had the discretion to
sentence Raddenbach to a term of up to nine years in prison. See Ind. Code §
35-50-3-2 (providing that a person who commits a Class A misdemeanor shall
be imprisoned for a fixed term of not more than one year); Ind. Code § 9-30-
15.5-2 (providing that a person found to be a habitual vehicular substance
offender shall be sentenced to an additional term of at least one year but not
more than eight years). Raddenbach was sentenced to four years in prison.
[10] The nature of the offense in this case is, for the most part, unremarkable.
However, Raddenbach’s character is sufficient standing alone to support his
four-year sentence. Raddenbach has a long criminal history, including
convictions for theft, trespassing, false informing, leaving the scene of an
accident, operating a vehicle while a habitual traffic violator, operating a
vehicle after a lifetime license forfeiture, and multiple operating while
intoxicated offenses. Raddenbach has also violated probation numerous times,
and he was on parole at the time of the instant offense. We also note that
Raddenbach failed to appear for a hearing in this case on March 3, 2016, and
his whereabouts were unknown until he was arrested on February 2, 2017. For
all of these reasons, we cannot conclude that Raddenbach’s four-year sentence
is inappropriate.
[11] Judgment affirmed.
[12] May, J. and Vaidik, C.J., concur.
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