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Ronald L. ECKELBARGER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below)

Supreme Court of Indiana2016-03-29No. No. 90S02-1603-CR-157
51 N.E.3d 169

Summary

Holding. The Indiana Supreme Court granted transfer and revised Eckelbarger's sentences so that the convictions for dealing in methamphetamine by manufacture and possessing precursors with intent to manufacture run concurrently with the delivery convictions, reducing the aggregate sentence from thirty-two years to sixteen years.

Ronald Eckelbarger was convicted of two counts of dealing in methamphetamine by delivery, one count of dealing by manufacture, and one count of possessing precursors with intent to manufacture. A confidential informant (his girlfriend) facilitated the delivery counts by providing him pseudoephedrine pills on two occasions in exchange for methamphetamine. A subsequent search warrant executed at his residence uncovered evidence supporting the manufacturing and precursor charges.

The trial court imposed concurrent sentences on the two delivery counts but made the manufacturing and precursor convictions consecutive to those counts, resulting in an aggregate sentence of thirty-two years. The Indiana Supreme Court held that this sentencing structure was inappropriate because the manufacturing and precursor convictions were supported solely by evidence derived from the delivery offenses, making them essentially dependent charges rather than independent criminal episodes warranting consecutive sentences.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Appropriateness of consecutive sentences under Indiana Appellate Rule 7(B)
  • Whether manufacturing and precursor convictions derived from evidence obtained through delivery-based search warrant warrant consecutive sentencing
  • Independent appellate authority to revise sentences without trial court abuse of discretion

Procedural posture

Eckelbarger appealed his conviction and sentence; the Court of Appeals affirmed; Eckelbarger sought transfer to the Indiana Supreme Court challenging the aggregate sentence as inappropriate.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

Ronald Eckelbarger had been dating Rebecca Markley more than two years when Markley tested positive for methamphetamine, in violation of her probation. In order to avoid incarceration, Markley became a police informant. In that capacity, Markley provided Eckelbarger pseu-doephedrine pills on both June 6 and June 13, 2014, and received methamphetamine in return several hours later. On June 14, 2014, officers executed a search warrant at Eckelbarger’s home and recovered precursors for the manufacture of methamphetamine as well as evidence of previous manufacturing activity. Eckelbarger was charged with and convicted of two counts of class B felony dealing in methamphetamine (by delivery) (Counts I and II), one count of class B felony dealing in methamphetamine (by manufacture) (Count III), and one count of class D felony possession of precursors with intent to manufacture methamphetamine (Count IV).

The trial court sentenced Eckelbarger to sixteen years with four years suspended on each of Counts I and II, to be served concurrently. The trial court sentenced Eckelbarger to sixteen years with four years suspended on Count III, and three years on Count TV, to run concurrently with each other but consecutive to the sentences on Counts I and II. Eckelbarger thus received an aggregate sentence of thirty-two years, with eight years suspended to probation.

Eckelbarger appealed, and the Court of Appeals affirmed. Eckelbarger v. State, 46 N.E.3d 1267 (Ind.Ct.App.2015). Judge Riley dissented in part, and would have revised Eckelbarger’s sentence downward. Eckelbarger seeks transfer, contending, among other things, that his aggregate thirty-two year sentence is inappropriate.

Even where a trial court has not abused its discretion in sentencing, the Indiana Constitution authorizes independent appellate review and revision of a trial court’s sentencing decision. See Ind. Const, art 7, §§ 4, 6; Anglemyer v. State, 868 N.E.2d 482, 491 (Ind.2007). Appellate courts implement this authority through Indiana Appellate Rule 7(B), which provides that we may revise a sentence if “after due consideration of the trial court’s decision” we find “the sentence is inappropriate in light of the nature of the offense and the character of the offender.” Ind. Appellate Rule 7(B).

We have previously observed that “[c]onsecutive sentences are not appropriate when the State sponsors a series of virtually identical offenses.” Gregory v. State, 644 N.E.2d 543, 544 (Ind.1994). Consistent with this precedent, the trial court in this case ordered the sentences on Counts I and II to be served concurrently. This same reasoning informs our deliberation and collective sentiment that, under the particular circumstances of this case, the sentences for Counts III and IV (dealing in methamphetamine by manufacture and possession of precursors) — convictions supported by evidence seized pursuant to a search warrant procured based on the dealing methamphetamine by delivery counts — should be served concurrently to the sentences on Counts I and II.

Pursuant to our authority under Appellate Rule 7(B), we find that an aggregate sentence of thirty-two years is inappropriate. Accordingly, we grant transfer and revise Eckelbarger’s sentences on Counts III and IV to run concurrently with his sentences on Counts I and II, for an aggregate sentence of sixteen years. In all other respects we summarily affirm the Court of Appeals’ decision. See Ind. Appellate Rule 58(A)(2). We remand this case to the trial court with instructions to enter a revised sentencing order consistent with this opinion.

RUSH, C.J., and RUCKER and DAVID, JJ., concur.

DICKSON and MASSA, JJ., dissent, believing the extraordinary relief of appellate sentence revision is not warranted in this case.

. Respectively, Ind.Code § 35-48-4-1.1(a)(1)(C); I.C. § 35-48-4-1.1(a)(1)(A); and I.C. § 35-48-4-14.5(e) (2008 Repl.).