MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any
court except for the purpose of establishing Feb 22 2017, 6:46 am
the defense of res judicata, collateral CLERK
Indiana Supreme Court
estoppel, or the law of the case. Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Donald J. Frew Curtis T. Hill, Jr.
Fort Wayne, Indiana Attorney General of Indiana
Kelly A. Loy
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jason J. Green, February 22, 2017
Appellant-Defendant, Court of Appeals Case No.
02A03-1608-CR-2015
v. Appeal from the Allen Superior
Court
State of Indiana, The Honorable Frances C. Gull,
Appellee-Plaintiff Judge
Trial Court Cause No.
02D05-1503-F5-94
Vaidik, Chief Judge.
Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 1 of 5
Case Summary
[1] Jason Green appeals his five-year sentence for corrupt business influence, a
Level 5 felony, and two counts of forgery, a Level 6 felony. He argues that his
sentence is inappropriate in light of the nature of the offenses and his character.
We affirm.
Facts and Procedural History
[2] While on probation for dealing in and possession of a schedule I, II, III, or IV
controlled substance, Green and nine other individuals were involved in
manufacturing counterfeit “Pull Tab” games,1 which they presented at local
bars and taverns for payment. The operation ran for approximately eight
months. During this time, he defrauded at least twenty-five different bars or
taverns across nine different Indiana counties and collected a total of $17,706.
Green was arrested for his involvement in the counterfeiting operation and
charged with corrupt business influence, a Level 5 felony, and two counts of
forgery, a Level 6 felony. Green pled guilty to the charges. The court deferred
his sentencing and placed Green in the Allen County drug-court program.
1
“Pull Tab” games can only be purchased at bars or taverns where patrons under the age of twenty-one are
prohibited from entering. Purchasers of “Pull Tabs” have the possibility of winning up to $599.00. “Pull
Tabs” are issued by the Indiana Alcohol and Tobacco Commission. Ind. Alcohol & Tobacco Comm’n, Type
II Gaming Rule (Apr. 6, 2010), http://www.in.gov/atc/2700.htm (last visited Jan. 31, 2017).
Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 2 of 5
[3] Green was in the drug-court program for approximately one year. During that
time, he violated the program’s rules on three separate occasions, each time
being sent to jail for his violation. The case manager for the drug court
petitioned the court to terminate Green’s participation in the drug-court
program because of his continued inability to follow the program’s rules. The
court granted the petition and held a sentencing hearing on the corrupt business
influence and forgery convictions.
[4] At the hearing, Green asked to be sentenced to a term of four years, with two
years executed and two years suspended. He argued that he was remorseful for
his crimes and that he had made progress through his therapy sessions. The
State, however, requested that Green be sentenced to a term of five years, all
executed in the Department of Correction, citing his criminal history and failed
attempts at rehabilitation. In setting Green’s sentence, the court found three
mitigating circumstances: Green’s plea of guilty; his conduct at the inception of
the case; and the genuine remorse Green expressed during sentencing. The
court also found multiple aggravating factors: Green’s criminal record spanned
twenty-six years, dating back to 1990, and included two juvenile adjudications,
four misdemeanors, and four felonies; Green was on probation when he
committed these offenses; and Green had failed multiple attempts at
rehabilitation through services like juvenile probation, Boys School, Hope
Probation Program, adult probation, and the drug-court program. Green was
sentenced to concurrent terms of five years for corrupt business influence and
Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 3 of 5
two years for each forgery conviction, all executed in the Department of
Correction.
[5] Green appeals.
Discussion and Decision
[6] Green contends that his five-year sentence is inappropriate and asks us to revise
it pursuant to Appellate Rule 7(B), which provides, “The Court may revise a
sentence authorized by statute, if, after due consideration of the trial court’s
decision, the Court finds that the sentence is inappropriate in light of the nature
of the offense and the character of the offender.” We give the trial court
“considerable deference” in sentencing matters. Norris v. State, 27 N.E.3d 333,
335-36 (Ind. Ct. App. 2015). “Whether a sentence is inappropriate ultimately
turns on the culpability of the defendant, the severity of the crime, the damage
done to others, and a myriad of other factors that come to light in a given case.”
Schaaf v. State, 54 N.E.3d 1041, 1045 (Ind. Ct. App. 2016). The defendant bears
the burden of persuading us that his sentence is inappropriate. Id.
[7] Our starting point for determining if a sentence is appropriate is the statutory
range set by the legislature for that class of offense. Richardson v. State, 906
N.E.2d 241, 247 (Ind. 2009). The statutory range for a Level 5 felony is one to
six years, with an advisory sentence of three years, Ind. Code § 35-50-2-6(b),
and the statutory range for a Level 6 felony is six months to two-and-a-half
years, with an advisory sentence of one year. Ind. Code § 35-50-2-7(b).
Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 4 of 5
[8] Green has not persuaded us that his sentence is inappropriate. His
counterfeiting operation ran for approximately eight months, spanned at least
nine counties, and defrauded at least twenty-five businesses for a total of over
$17,000. His deception required extensive planning and coordination to
deceive small businesses across Indiana. Furthermore, the trial court found
multiple aggravating factors. Green has an extensive criminal history that dates
back to 1990 and includes two juvenile adjudications, four misdemeanors, and
four felonies. As a juvenile, he was given multiple opportunities to participate
in rehabilitation services through juvenile probation and Boys School. Those
opportunities continued as an adult through adult probation, Hope Probation
Program, and the drug-court program. Despite his participation in these
programs, Green has continued to break the law; he was on probation when he
committed the current offenses. While Green did plead guilty and the trial
court found him to be genuinely remorseful for his crimes, this is not enough to
outweigh his past or the nature of the current crimes.
[9] Affirmed.
Bradford, J., and Brown, J., concur.
Court of Appeals of Indiana | Memorandum Decision 02A03-1608-CR-2015 | February 22, 2017 Page 5 of 5
Jason J. Green v. State of Indiana (mem. dec.)
Combined Opinion