BLYLY v. STATE (2025)

MEMORANDUM DECISION

Statement of the Case

[1] Eric E. Blyly, Jr. (“Blyly”), appeals, following his guilty plea, his sentence for Level 6 felony theft.¹ Blyly argues that his sentence is inappropriate. Concluding that Blyly has failed to show that his sentence is inappropriate, we affirm the trial court's judgment.

[2] We affirm.

Issue

Whether Blyly's sentence is inappropriate.

Facts 2

[3] During the morning of September 30, 2024, Brian White (“White”) accidently dropped his wallet outside a convenience store (“the store”) in Elkhart County. White's wallet contained his identification, multiple credit cards, and three dollars in cash. Shortly thereafter, White realized that he did not have his wallet, and he called the police. White returned to the store to meet police officers around 8:40 a.m. The store's security camera footage revealed that White's wallet had fallen out of his pocket around 8:10 a.m. and that a male riding a bicycle, who was later identified as Blyly, rode up to the wallet, looked around, picked up the wallet, removed items from the wallet, and then placed the items and the wallet into his pocket. Blyly went into the store, used a dollar from the wallet to buy a cigarillo, and then left the store.

[4] While the police officers were speaking with White, he received two notifications that someone was attempting to use his credit cards at two gas stations. Around 9:05 a.m., Blyly returned to the store while the officers were still there. The officers recognized Blyly from the surveillance video, and they arrested Blyly. Before the officers searched Blyly, he stated that he did not have anything belonging to White. When the officers searched Blyly, they found White's wallet, identification card, and an ATM card in Blyly's pockets. Blyly also had cash in his hand. Blyly told the officers that he did not use or have possession of White's credit cards, but he could help the officers catch the person who did. At that same time, White received another notification that someone was attempting to use his credit cards at a Walmart.

[5] The State charged Blyly with Class A misdemeanor theft that was enhanced to a Level 6 felony due to a prior theft conviction. In November 2024, Blyly agreed to plead guilty, without a plea agreement, to Level 6 felony theft. When Blyly set out the factual basis during his guilty plea hearing, he admitted that he had knowingly exerted unauthorized control of White's property, which was White's money, and that he did so with the intent to deprive White of the value or use of that property. He also admitted that he had a prior unrelated theft conviction from 2016. The trial court accepted Blyly's plea and entered judgment of conviction.

[6] At the time of Blyly's sentencing hearing, Blyly was thirty-eight years old. The PSI revealed that Blyly had a criminal history that included nine felony convictions and six misdemeanor convictions. Specifically, Blyly had felony convictions for robbery in 2004, home invasion in 2004, dealing in cocaine in 2005, battery in the presence of a child in 2014, domestic battery in the presence of a child in 2016, theft in 2016, failure to return to lawful detention in 2017, domestic battery in 2017, and possession of methamphetamine in 2019. Blyly's misdemeanor convictions included possession of a controlled substance in 2004, unlawful driving of a motor vehicle in 2004, intimidation in 2014, battery in 2014, theft in 2016, and unlawful possession of a firearm by a domestic batterer in 2019. The PSI also showed that Blyly had violated probation or community corrections at least nine times. Additionally, the PSI showed that, during Blyly's life, he had used illegal drugs, including marijuana, methamphetamine, cocaine, and oxycodone. Blyly reported that he had used oxycodone as a juvenile and had started using marijuana at age eleven, cocaine at age sixteen, and methamphetamine at age eighteen.

[7] During the sentencing hearing, Blyly admitted that he had “made a lot of mistakes in [his] life” and that he had substance use issues. (Tr. Vol. 2 at 18). He asked the trial court to give him “one chance” and to place him on probation. (Tr. Vol. 2 at 19, 20).

[8] The trial court told Blyly that his prior history showed that he was “not a candidate for probation.” (Tr. Vol. 2 at 23). Additionally, the trial court stated that the use of “[o]ther forms of sanctions ha[d] prove[n] to be unsuccessful in keeping [Blyly] from engaging in criminal activity” and that he had not taken advantage of the alternative sanctions offered to him in the past. (Tr. Vol. 2 at 23). The trial court found Blyly's extensive criminal history and history of illegal substance use to be aggravating circumstances. The trial court found Blyly's acceptance of responsibility by pleading guilty and his addiction issues to be mitigating circumstances.

[9] The trial court imposed a sentence of two and one-half (21/212) years in the Indiana Department of Correction (“DOC”) and recommended that Blyly be placed in the Recovery While Incarcerated program (“the purposeful incarceration program”). The trial court also informed Blyly that it would consider a sentence modification upon Blyly's successful completion of the purposeful incarceration program and if he had no conduct violations while incarcerated.

[10] Blyly now appeals.

Decision

[11] Blyly argues that his two-and-one-half-year sentence is inappropriate. We disagree.

[12] We may revise a sentence if it is inappropriate in light of the nature of the offense and the character of the offender. Ind. Appellate Rule 7(B). The defendant has the burden of persuading us that his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). The principal role of a Rule 7(B) review “should be to attempt to leaven the outliers, and identify some guiding principles for trial courts and those charged with improvement of the sentencing statutes, but not to achieve a perceived ‘correct’ result in each case.” Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008). “Appellate Rule 7(B) analysis is not to determine whether another sentence is more appropriate but rather whether the sentence imposed is inappropriate.” Conley v. State, 972 N.E.2d 864, 876 (Ind. 2012) (internal quotation marks and citation omitted), reh'g denied.

[13] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence “is the starting point the Legislature has selected as an appropriate sentence for the crime committed.” Childress, 848 N.E.2d at 1081. Blyly pleaded guilty and was convicted of Level 6 felony theft. A person who commits a Level 6 felony “shall be imprisoned for a fixed term of between six (6) months and two and one-half (21/212) years, with the advisory sentence being one (1) year.” I.C. § 35-50-2-7(b). The trial court imposed a sentence of two and one-half (21/212) years, recommended that Blyly be placed in the purposeful incarceration program, and informed Blyly that the court would consider a sentence modification upon his completion of that program.

[14] We first turn to the nature of Blyly's offense. Blyly found White's wallet on the ground, took contents of the wallet—which included an identification card, credit cards, and cash—placed those contents and the wallet itself into his pocket, and left the store parking lot. The credit cards from the wallet were later used at gas stations and a Walmart. When Blyly later returned to the store and was arrested by the police, he told the officers that he did not have any of White's property. However, the officers found White's wallet, identification card, and ATM card in Blyly's pockets, as well as cash in his hand.

[15] In reviewing Blyly's character, we note that “[a] defendant's life and conduct are illustrative of his or her character.” Morris v. State, 114 N.E.3d 531, 539 (Ind. Ct. App. 2018), trans. denied. The PSI showed that Blyly's criminal history included nine felony convictions and six misdemeanor convictions. Such criminal history reflects poorly on Blyly's character. See Rutherford v. State, 866 N.E.2d 867, 874 (Ind. Ct. App. 2007) (explaining that any criminal history reflects poorly on a person's character). For many of these prior convictions, Blyly had been given the imposition of fines or placed on probation or community corrections. However, Blyly violated probation or community corrections nine times. As the trial court noted, these prior encounters with the criminal justice system and leniency did not stop Blyly from reoffending and committing his current offense. Additionally, the PSI showed that Blyly had admitted to using illegal drugs, including marijuana, methamphetamine, cocaine, and oxycodone. Additionally, when Blyly was initially confronted by the police at the store, he denied that he had any of White's property despite having White's property in his hands and pockets.

[16] After a full review of the record on appeal, we conclude that Blyly has not persuaded us that his sentence for his Level 6 felony theft conviction is inappropriate. Therefore, we affirm the sentence imposed by the trial court.

[17] Affirmed.

FOOTNOTES

1.   Ind. Code § 35-43-4-2.

Pyle, Judge.

Bradford, J., and Kenworthy, J., concur.