STEVENS v. STATE (2025)

MEMORANDUM DECISION

Statement of the Case

[1] George Stevens (“Stevens”) appeals the sentence imposed after he pleaded guilty to Level 5 felony resisting law enforcement.¹ He specifically contends that his sentence is inappropriate. Concluding that Stevens has failed to show that his sentence is inappropriate, we affirm the trial court's judgment.

[2] We affirm.

Issue

Whether Stevens's sentence is inappropriate.

Facts

[3] In October 2023, the State charged Stevens with Level 6 felony possession of methamphetamine in Cause Number 45G02-2310-F6-2316 (“Cause 2316”). While on pretrial release in Cause 2316, thirty-three-year-old Stevens was driving his motorcycle at approximately 2:00 a.m. on May 24, 2024. Twenty-eight-year-old Amanda Wilk (“Wilk”), Stevens’ long-term partner and the mother of four of Stevens’ children, was a passenger on the motorcycle. When Stevens noticed a Lake County Sheriff's Department officer (“the officer”) driving directly behind him, Stevens rapidly accelerated, turned a corner without activating his turn signal, and disregarded a red traffic light. When the officer activated his emergency overhead lights to conduct a traffic stop of Stevens for the infractions that the officer had observed, Stevens began to slow down and appeared to be pulling over. However, Stevens then looked back at the officer and rapidly accelerated. While fleeing from the officer at a high rate of speed, Stevens unsuccessfully attempted to navigate a curve in the road and struck a metal guard rail. The impact launched Wilk over the guard rail. Wilk suffered extensive injuries necessitating, among other things, the amputation of her leg.

[4] In June 2024, the State charged Stevens with Level 5 felony resisting law enforcement in Cause Number 45G02-2406-F5-287 (“Cause 287”). The information specifically alleged that Stevens had fled from the officer and that in fleeing, Stevens had “operated a vehicle in such a manner that it caused serious bodily injury to Amanda Wilk[.]” (App. Vol. 2 at 13). The State also charged Stevens, in Cause 287, with Class A misdemeanor reckless driving.

[5] Nine months later, in March 2025, Stevens and the State entered into a plea agreement (“the plea agreement”), which provided that Stevens would plead guilty to Level 5 felony resisting law enforcement in Cause 287. The plea agreement further provided that the State would dismiss the Class A misdemeanor reckless driving charge in Cause 287 and the Level 6 felony possession of methamphetamine charge in Cause 2316. Regarding sentencing, the plea agreement provided that the parties were free to argue their respective positions to the trial court. In addition, the plea agreement included a five-year sentencing cap.

[6] At the March 2025 guilty plea hearing, Stevens tendered to the trial court a one-page typed stipulated factual basis that included the facts of the offense as set forth above. He also acknowledged that those facts were true and accurate. The trial court took Stevens’ plea under advisement and ordered the preparation of a presentence investigation report (“the PSI”).

[7] At Stevens’ May 2025 sentencing hearing, the trial court reviewed the PSI, which revealed that Stevens has a criminal history that includes one felony and three misdemeanor convictions. Specifically, Stevens has been convicted of Level 6 felony theft, Class A misdemeanor illegal possession of alcohol by a minor, Class C misdemeanor operating a vehicle while intoxicated, and Class A misdemeanor intimidation. Further, Stevens violated probation in three of these cases.

[8] Also, during the sentencing hearing, Wilk gave the following victim impact statement regarding the injuries that she received in the accident:

I lost my right leg, my arm was almost torn off, so I was scarred from the middle of my back, all the way around my arm. My pelvis was broken, my left hip was broken, my right hip was fractured. I have a scar all the way up my stomach from where they had to fix my colon, kidney, liver and spleen. And my right hand was completely broken, shattered, and my left hand was fractured.

(Tr. Vol. 2 at 19). In addition, Wilk directed the following portion of her victim impact statement to Stevens:

Why? Why didn't you stop? You were so concerned about not being exactly where you are, that you put my life in danger. I died on the table for two fucking minutes -- sorry about the language -- because you cared about yourself more than anything. You're selfish. You could have killed me ․ My life is forever changed. Everything is difficult. I either have to get around by a wheelchair or moving on my butt to get around. You got to walk out of the hospital three or four days after it. I didn't get out of the University of Chicago until July 18th, fighting for my life. I had machines pumping air in my lungs, fluid out of my chest, and I didn't even get a frickin’ “sorry”.

(Tr. Vol. 2 at 19-20). Following Wilk's victim impact statement, Stevens apologized to her and expressed remorse for her injuries.

[9] Thereafter, the trial court accepted Stevens’ plea agreement. In addition, the trial court found the following aggravating circumstances: (1) Wilk's injuries were greater than the elements necessary to prove the commission of the offense because Wilk lost her leg, which impacts her ability to parent the four children that she shares with Stevens; (2) Stevens has a criminal history that includes one felony conviction and three misdemeanor convictions; (3) Stevens was on probation in two cases and on pretrial release in Cause 2316 when he committed the offense in this case; (4) the nature and circumstances of the crime revealed that Stevens fled from the police in a manner that had placed Wilk, who was essentially Stevens’ wife, in danger of losing her life; and (5) Stevens failed to appear in criminal court eight times, which shows a lack of respect for authority.

[10] Further, the trial court found the following mitigating circumstances: (1) an extended incarceration would prove an undue hardship to Stevens because he had been diagnosed with cancer and was undergoing treatment at the time of the sentencing hearing; (2) Stevens took responsibility for his actions and pleaded guilty; (3) Stevens suffers from a drug addiction that began after he had been abused as a young child; (4) Stevens endured a sad and challenging childhood; and (5) Stevens expressed remorse, which the trial court considered to be genuine.

[11] Thereafter, the trial court found that the aggravating factors outweighed the mitigating factors and sentenced Stevens to four-and-one-half (41/212) years, with two (2) years executed in the Department of Correction (“the DOC”), one-and-one-half (11/212) years executed in community corrections, and one (1) year suspended to probation.

[12] Stevens now appeals.

Decision

[13] Stevens argues that his four-and-one-half-year sentence is inappropriate. He specifically asks this Court to revise his sentence to the advisory term of three years and to suspend that sentence to probation with the condition that he enroll in and complete an intensive outpatient treatment program.

[14] Indiana Appellate Rule 7(B) provides that we may revise a sentence authorized by statute if, after due consideration of the trial court's decision, we find that the sentence is inappropriate in light of the nature of the offense and the character of the offender. The defendant bears the burden of persuading this Court that his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). Whether we regard a sentence as inappropriate turns on the “culpability of the defendant, the severity of the crime, the damage done to others, and myriad other factors that come to light in a given case.” Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008). Sentence modification under Rule 7(B) is reserved for “a rare and exceptional case.” Skeens v. State, 191 N.E.3d 916, 923 (Ind. Ct. App. 2022) (cleaned up).

[15] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence is the starting point the General Assembly has selected as an appropriate sentence for the crime committed. Childress, 848 N.E.2d at 1081. Here, the trial court convicted Stevens of Level 5 felony resisting law enforcement. The sentencing range for a Level 5 felony is between one (1) and six (6) years, with an advisory sentence of three (3) years. See I.C. § 35-50-2-6(b). Further, Stevens’ plea agreement included a five (5) year cap on his sentence. The trial court sentenced Stevens to four-and-one-half (41/212) years, with two (2) years executed in the DOC, one-and-one-half (11/212) years executed in community corrections, and one (1) year suspended to probation. This sentence is less than the five-year sentencing cap set forth in the plea agreement.

[16] With regard to the nature of the offense, we note that while Wilk, Stevens’ longtime partner and the mother of four of Stephen's children, was a passenger on his motorcycle, Stevens fled from the officer at a high rate of speed. During the flight, Stevens unsuccessfully attempted to navigate a turn in the road and struck a metal guard rail. The impact launched Wilk over the guard rail, and she suffered extensive injuries. Specifically, Wilk, who was dead for two minutes on the operating table until a physician resuscitated her and who was hospitalized for two months, suffered injuries to her colon, kidney, liver, and spleen. Her arm was nearly torn off, and her pelvis, hips, and hands were fractured. In addition, the injuries to her right leg were so severe that doctors had to amputate it. Wilk is now confined to a wheelchair, which limits her ability to care for the four children that she shares with Stevens.

[17] With regard to Stevens’ character, we note that he has a criminal history that includes one felony conviction and three misdemeanor convictions. Further, he has violated probation numerous times. In addition, Stevens’ commission of the offense in this case while he was on probation in two other cases and on pretrial release in Cause 2316 shows a disdain for the law.

[18] Based on the nature of the offense and his character, Stevens has failed to persuade this Court that his four-and-one-half-year sentence, with two years executed in the DOC, one-and-one-half years executed in community corrections, and one year suspended to probation, is inappropriate. We further note that this is simply not one of those rare and exceptional cases for which a sentence modification under Rule 7(B) is reserved. Therefore, we affirm Stevens's sentence.

[19] Affirmed.

FOOTNOTES

1.   IND. CODE § 35-44.1-3-1.

Pyle, Judge.

[20] Vaidik, J., and Mathias, J., concur.