Rossman v. State, 031419 INCA, 18A-CR-2215

Docket Nº:18A-CR-2215
Opinion Judge:Vaidik, Chief Judge.
Party Name:Russell R. Rossman, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
Attorney:Attorney for Appellant Michael P. DeArmitt Columbus, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana
Judge Panel:Mathias, J., and Crone, J., concur.
Case Date:March 14, 2019
Court:Court of Appeals of Indiana
 
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Russell R. Rossman, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff

No. 18A-CR-2215

Court of Appeals of Indiana

March 14, 2019

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 Bartholomew Circuit Court Trial Court Cause No. 03C01-1802-F6-755 The Honorable Kelly S. Benjamin, Judge

Attorney for Appellant Michael P. DeArmitt Columbus, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Vaidik, Chief Judge.

Case Summary

[¶1] Russell R. Rossman pled guilty to two counts of Level 6 felony theft, and the trial court sentenced him to concurrent terms of two-and-a-half years, the maximum sentence allowed by the plea agreement. Rossman now appeals, arguing that his sentence is inappropriate. We disagree and therefore affirm.

Facts and Procedural History

[¶2] In December 2017, Rossman, while at the Columbus Regional Hospital, took six laptop computers belonging to the hospital and one laptop computer belonging to a hospital visitor, all without the owners' permission. Rossman was caught, and the computers were returned to the owners. The State charged Rossman with two counts of Level 6 felony theft (one count elevated because the value of the property was at least $750 and the other count elevated due to Rossman's prior criminal-conversion conviction). Thereafter, the State and Rossman entered into a plea agreement, which provided that Rossman would plead guilty as charged, the sentences would run concurrently, and the State would dismiss an unrelated cause number.

[¶3] At the sentencing hearing, Rossman apologized for taking the computers, explaining that he had done so to support his fourteen-year meth addiction. Despite his drug-related criminal history, Rossman claimed that just "last night," an inmate made it clear to him: if he uses meth, he will be back in jail. Tr. p. 24. The trial...

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