JUAREZ v. STATE (2025)

MEMORANDUM DECISION

Case Summary

[1] Following an open plea, Alejo Juarez was convicted under two causes, Cause No 49D18-2007-F6-020973 (“F6 Cause”) for Level 6 felony criminal recklessness and Class A misdemeanor operating a vehicle while intoxicated and under cause No 49D18-2408-CM-023808 (“CM Cause”) for Class A misdemeanor operating a vehicle while intoxicated. The trial court sentenced him to an aggregate sentence of 905 days in the Indiana Department of Correction (DOC). Juarez now appeals contending that his sentence is inappropriate in light of the nature of the offenses and his character.

[2] We affirm.

Facts and Procedural History

[3] On July 5, 2020, four Beech Grove firefighters responded to a fire at the 5900 block of East Troy Avenue. They parked their fire truck in the westbound lane with its emergency lights activated and began unloading equipment to approach a nearby residence.

[4] At the same time, Juarez was driving westbound on Troy Avenue in a Nissan. Having consumed approximately seven beers, Juarez drove off the roadway onto the north shoulder, striking all four firefighters. Each firefighter sustained injuries requiring medical treatment.

[5] Officers with the Indianapolis Metropolitan Police Department (IMPD) responded to the scene. Juarez exhibited clear signs of intoxication: the strong odor of alcohol, glassy and bloodshot eyes, and unsteady balance. Officers observed a six-pack of Modelo beer, including one open bottle, and an empty Miller Lite can in the vehicle. A portable breath test showed Juarez's blood alcohol content (BAC) at .269. Subsequent blood testing confirmed a BAC of .276.

[6] Juarez was charged under the F6 Cause with Level 6 felony criminal recklessness and Class A misdemeanor operating a vehicle while intoxicated, among other included offenses. While on bond, he was deported to Mexico by Federal authorities before the charges could be adjudicated. He later returned to Indiana in 2021.

[7] On August 7, 2024, Juarez again drove while intoxicated in Marion County. A bystander observed Juarez drifting in and out of consciousness, recorded video evidence, and alerted law enforcement. Juarez eventually pulled into a bank parking lot on Michigan Road. IMPD officers and Emergency Medical Services (EMS) responded. As EMS personnel assisted Juarez out of his vehicle, they observed that he smelled of alcohol, exhibited slurred speech, and had bloodshot eyes. Juarez failed to complete the Horizontal Gaze Nystagmus test, as he could not hold his head still or follow the stimulus. A portable breath test registered his BAC at .248. Juarez was transported to Eskenazi Hospital, where his blood was drawn and later tested, revealing a BAC of .273.

[8] Under the CM Cause, Juarez was charged with Class A misdemeanor operating a vehicle while intoxicated, and other offenses. This cause was then consolidated with the F6 Cause. On October 16, 2024, Juarez pleaded guilty without the benefit of a plea agreement to Level 6 felony criminal recklessness and Class A misdemeanor operating a vehicle while intoxicated under the F6 Cause, and to Class A misdemeanor operating a vehicle while intoxicated under the CM cause.

[9] During the sentencing hearing, both the parties and the trial court acknowledged that U.S. Immigration and Customs Enforcement (ICE) had placed a detainer on Juarez, which was also noted in the presentence investigation report (PSI). That report further reflected Juarez's two prior alcohol-related convictions in Indiana: one for Class C misdemeanor operating a vehicle with a BAC between .08 and .15 in 2007, and one for Class A misdemeanor operating a vehicle while intoxicated endangering a person in 2008. Additionally, Juarez has a history of dismissed cases stemming from public intoxication, additional OWI's, and driving without a valid license.

[10] The trial court sentenced Juarez to an aggregate sentence of 905 days in the DOC. For the F6 Cause, the Level 6 felony resulted in a sentence of 545 days and for the Class A misdemeanor under the same cause number, 360 days to run concurrent. For the other OWI Class A misdemeanor under the CM Cause, Juarez was sentenced to 360 days to run consecutive to the F6 Cause sentence of 545 days. The court found an executed sentence appropriate “given the repeat nature and the seriousness of his acts and what obviously did happen in the felony charge.” Transcript Vol. II at 35.

Discussion and Decision

[11] Pursuant to Ind. Appellate Rule 7(B), this court may revise a sentence, if, after considering the trial court's decision, we find that the sentence is inappropriate in light of the nature of the offense and character of the offender. Sentencing review under App. R. 7(B) is deferential to the trial court's decision, and we avoid merely substituting our judgment. Golden v. State, 862 N.E.2d 1212, 1218 (Ind. Ct. App. 2007), trans. denied. “Such deference should prevail unless overcome by compelling evidence portraying in a positive light the nature of the offense (such as accompanied by restraint, regard, and lack of brutality) and the defendant's character (such as substantial virtuous traits or persistent examples of good character).” Stephenson v. State, 29 N.E.3d 111, 122 (Ind. 2015).

[12] The principal role of App. R. 7(B) review is to “attempt to leaven the outliers” and to “identify some guiding principles for trial courts and those charged with improvement of the sentencing statutes, but not to achieve the perceived ‘correct’ result in each case.” Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008). The question is not whether another sentence is more appropriate; it is whether the sentence imposed is inappropriate. King v. State, 894 N.E.2d 265, 268 (Ind. Ct. App. 2008). Juarez bears the burden on appeal of persuading us that his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006).

[13] In determining whether a sentence is inappropriate, the advisory sentence is the starting point the legislature has selected as an appropriate sentence for the crime committed. Brown v. State, 160 N.E.3d 205, 220 (Ind. Ct. App. 2020). The sentencing range for a Level 6 felony is between six months and two and one-half years, with the advisory sentence being one year. Ind. Code § 35-50-2-7 (b). For a Class A misdemeanor, a court may impose a sentence of not more than one year. Ind. Code § 35-50-3-2. Juarez's sentence of 545 days was only slightly aggravated from the advisory one-year sentence. His Class A misdemeanor on the other hand, was near the maximum. However, given that Juarez committed the CM Cause offense while on bond, the trial court was required under statute to order his sentences to be served consecutively. See Ind. Code § 35-50-1-2(e).

[14] When reviewing the nature of the offense, we look to the details and circumstances of the offense and the defendant's participation therein. Madden v. Stat, 162 N.E.3d 549, 564 (Ind. Ct. App. 2021). Here, the parties agree that Juarez came perilously close to causing a catastrophic tragedy while driving over three times the legal blood alcohol limit, when he struck four firefighters who were responding to an emergency. Then, after returning to the country illegally, he again decided to drive drunk at three times the legal limit on a public roadway while drifting in and out of consciousness. Juarez's crimes were more egregious than a typical driving while intoxicated offense. In short, Juarez has failed to paint a picture of his offense in a positive light.

[15] Turning to Juarez's character, we conduct our review of a defendant's character by engaging in a broad consideration of his or her qualities. Id at 564. Character is found when we learn of the offender's life and conduct. Perry v. State, 78 N.E.3d 1, 13 (Ind. Ct. App. 2017.) Criminal history is one relevant factor in analyzing character. Madden, 162 N.E.3d at 564.

[16] In urging us to reduce his sentence, Juarez argues that his prior convictions for driving while intoxicated should be considered “relatively minor.” Appellant's Brief at 9. We reject that argument, in that Juarez's routine dangerous behaviors involving the operation of a vehicle while intoxicated reflect negatively on his character. See Reis v. State, 88 N.E.3d 1099, 1105 (observing that prior criminal offenses, particularly those including the same or similar conduct reflect poorly on one's character.) Additionally, the fact that Juarez was in the United States illegally while committing these offenses reflects negatively on his character. To be sure, Juarez was deported, reentered the country unlawfully, and reoffended by again driving with a blood alcohol content nearly three times the legal limit.

[17] In sum, Juarez has not demonstrated that the nature of the offense or his character render his sentence inappropriate. Accordingly, we affirm the sentence imposed by the trial court.

[18] Judgment affirmed.

Altice, Chief Judge.

Brown, J. and Tavitas, J., concur.