MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Aug 10 2017, 9:14 am
court except for the purpose of establishing
the defense of res judicata, collateral CLERK
Indiana Supreme Court
Court of Appeals
estoppel, or the law of the case. and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Cara Schaefer Wieneke Curtis T. Hill, Jr.
Wieneke Law Office, LLC Attorney General of Indiana
Brooklyn, Indiana
James B. Martin
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Stephen L. Deverick, August 10, 2017
Appellant-Defendant, Court of Appeals Case No.
84A01-1703-CR-648
v. Appeal from the Vigo Superior
Court
State of Indiana, The Honorable John T. Roach,
Appellee-Plaintiff. Judge
Trial Court Cause No.
84D01-1608-F4-2161
Bradford, Judge.
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Case Summary
[1] On August 5, 2016, Appellant-Defendant Stephen L. Deverick intentionally set
a home on fire while three individuals were inside. On August 16, 2016,
Appellee-Plaintiff the State of Indiana charged Deverick with two counts of
Level 4 felony arson and one count of Level 6 felony arson. On January 20,
2017, Deverick pled guilty to one count of Level 4 felony arson in exchange for
dropping the other counts and capping his sentence at ten years. On February
28, 2017, the trial court sentenced Deverick to ten years of incarceration.
Deverick contends that his sentence is inappropriate in light of the nature of the
offense and his character. Because we disagree, we affirm.
Facts and Procedural History
[2] On August 5, 2016, Deverick set fire to a residence in Vigo County, Indiana.
The fire occurred in the early hours of the morning. None of the three
individuals inside of the home were injured, but the fire caused a total loss of
the home. On August 16, 2016, the State charged Deverick with three counts,
including: Count I, Level 4 felony arson; Count II, Level 4 felony arson, and;
Count III, Level 6 felony arson.
[3] On January 20, 2017, a plea agreement was filed with the trial court. Pursuant
to the agreement, Deverick agreed to plead guilty to Level 4 felony arson, as
charged in Count I. In exchange for his plea, the other charges were dropped
and Deverick’s sentence was capped at ten years. After hearing testimony and
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arguments from counsel, the trial court sentenced Deverick to ten years of
incarceration on February 28, 2017.
Discussion and Decision
[4] Under Indiana Appellate Rule 7(B), “[t]he 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.” When reviewing such claims, we
“concentrate less on comparing the facts of the [case at issue] to others, whether
real or hypothetical, and more on focusing on the nature, extent, and depravity
of the offense for which the defendant is being sentence, and what it reveals
about the defendant’s character.” Paul v. State, 888 N.E.2d 818, 825 (Ind. Ct.
App. 2008) (internal quotes and citations omitted). Deverick, as the defendant,
bears the burden of persuading us that his sentence is inappropriate. Sanchez v.
State, 891 N.E.2d 174, 176 (Ind. Ct. App. 2008). As mentioned, Deverick was
sentenced to ten years of incarceration, two years below the statutory maximum
for Level 4 felonies.
[5] With respect to the nature of the offense, Deverick intentionally set fire to an
inhabited home in the early hours of the morning and made no attempt to warn
the individuals in the home or call for help. “The nature and circumstances of
this crime are frightening and [Daverick] walked across the street and watched”
the fire burn. Tr. p. 31. The fact that none of the occupants were injured or
killed is “sheer dumb luck.” Tr. p. 31. Moreover, Deverick’s actions destroyed
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a home that had been in the family over fifty years, leaving one of the victims
without the resources to recoup her loses. In light of this, the nature of the
offense is deplorable.
[6] As for his character, Deverick has an extensive history of arrests and contacts
with the criminal justice system over a period of twenty-five years. While
Deverick suggests that his criminal history is predominately due to his struggle
with addiction, there is no evidence in the record beyond Deverick’s claim
during sentencing. Moreover, his criminal history includes numerous crimes
involving aggression, violence, and dishonesty.
[7] The fact that Deverick pled guilty and took responsibility for his actions from
the outset are mitigating factors; however, they do not outweigh Deverick’s
significant criminal history and the harm that he has caused his victims. Based
upon the above-mentioned evidence, we conclude that Deverick failed to
establish that his sentence is inappropriate in light of his character and the
nature of his offense.
[8] We affirm the trial court’s judgment.
May, J., and Barnes, J., concur.
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