McClintic v. State, 22A-CR-776

Citation22A-CR-776
Case DateSeptember 27, 2022
CourtCourt of Appeals of Indiana

Crystal R. McClintic, Appellant-Defendant,
v.

State of Indiana, Appellee-Plaintiff.

No. 22A-CR-776

Court of Appeals of Indiana

September 27, 2022


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.

Appeal from the Johnson Superior Court The Honorable Peter D. Nugent, Judge Trial Court Cause No. 41D02-1810-F2-10

ATTORNEY FOR APPELLANT

Stacy R. Uliana Bargersville, Indiana

ATTORNEYS FOR APPELLEE

Theodore E. Rokita Attorney General of Indiana

Sierra A. Murray Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Bradford, Chief Judge.

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Case Summary

[¶1] After pleading guilty to one count of Level 2 felony dealing in methamphetamine and one count of Level 3 felony dealing in methamphetamine, Crystal McClintic was sentenced to an aggregate twenty-five-year sentence, with eighteen years executed in the Department of Correction ("DOC") and seven years suspended, two of those years to be served on probation. On appeal, McClintic contends that her sentence is inappropriate in light of the nature of her offense and her character. We affirm.

Facts and Procedural History

[¶2] In 2006, McClintic was convicted of Class B felony dealing in cocaine. On February 27, 2018, McClintic "knowingly or intentionally deliver[ed] methamphetamine, pure or adulterated, having a weight of at least one gram but less than five grams" to a confidential informant ("CI"). Tr. Vol. II p. 10. Likewise, on March 6, 2018, McClintic "knowingly or intentionally deliver[ed] methamphetamine, pure or adulterated, and that methamphetamine had a weight of at least five grams but less than ten grams" to the CI. Tr. Vol. II p. 10.

[¶3] On October 25, 2018, the State charged McClintic with Level 2 felony dealing in methamphetamine and Level 3 felony dealing in methamphetamine. McClintic pled guilty as charged pursuant to a plea agreement on December 1, 2021, and the trial court accepted her guilty plea. On March 16, 2022, the trial

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court sentenced McClintic to twenty-five years, with eighteen years executed in the DOC and seven years suspended, two of those years to be served on probation. The trial court recommended McClintic for the Recovery While Incarcerated program and indicated that upon McClintic's successful completion of the program, the court would consider modifying McClintic's sentence.

Discussion and Decision

[¶4] McClintic contends that her twenty-five-year sentence is inappropriate. Indiana Appellate Rule 7(B) provides that "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." In analyzing such claims, we "concentrate less on comparing the facts of [the case at issue] to others, whether real or hypothetical,...

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