AGUILAR v. STATE (2026)

MEMORANDUM DECISION

[1] Giancarlo C. Aguilar appeals his sentence for theft as a level 6 felony and asserts that his sentence is inappropriate. We affirm.

Facts and Procedural History

[2] On April 2, 2025, Aguilar went to a Meijer store in Fort Wayne, Indiana. He walked throughout the store, placing items in a shopping cart including a six-pack of Coca-Cola, a bakery item, two items of cologne, a pack of bandannas, a wallet, a pack of Hanes shirts, allergy medicine, shorts, a six-pack of Evian water, and foam ear plugs. Aguilar walked, while pushing the cart, toward the exit. A store employee approached Aguilar and asked for his receipt. Aguilar did not provide a receipt. Aguilar removed a bag with merchandise from the cart, left several items in the cart, stated that he would be back for the items in the cart, exited the store, and walked toward a van in the parking lot.

[3] The State charged Aguilar with theft as a level 6 felony.¹ The court held a bench trial and found Aguilar guilty as charged. At sentencing, Aguilar stated, “I lost my wife and child, lost my job, lost my home,” “I was angry and upset,” “I had never been destitute or homeless before,” and “I have PTSD and COPD, IBS, Scoliosis, extensive hip replacements, damaged wrists both, and a left knee replacement pending.” Transcript Volume II at 102. The court found that the aggravating factors included Aguilar's criminal history and that previous efforts at rehabilitation had failed. It found Aguilar's “mental and physical health as listed in” the presentence investigation report (“PSI”) to be a mitigating factor. Id. at 104. Aguilar stated, “Judge, I haven't been in trouble in eight (8) years. I've been a good man for eight (8) years,” and the court stated, “I've taken that into consideration.” Id. The court found the aggravating factors outweighed the mitigating factors and sentenced Aguilar to two years with one year suspended to probation.

Discussion

[4] Aguilar asserts that his “aggravated sentence of 2 years, with one year executed and one year suspended, was inappropriate.” Appellant's Brief at 10. He argues, “[t]hese are not facts warranting a sentence just shy of the maximum for a Level 6 felony.” Id. at 12. He contends that “consideration should have been given to the difficult circumstances he faced as a child, as well as the homelessness that he was experiencing at the time of the offense.” Id. at 13.

[5] Ind. 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 burden is on the defendant to persuade the appellate court that his or her sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). Ind. Code § 35-50-2-7 provides that a person who commits a level 6 felony shall be imprisoned for a fixed term of between six months and two and one-half years with the advisory sentence being one year.

[6] Our review of the nature of the offense reveals that Aguilar exited a Meijer store with merchandise, without paying for the merchandise, and with the intent to deprive Meijer of its use or value. He has a previous unrelated conviction for theft in Allen County.

[7] Our review of the character of the offender reveals that Aguilar, who was born in February 1976, has a significant criminal history. The PSI, in the summary of legal history, states that Aguilar has nineteen prior misdemeanor convictions and ten prior felony convictions, that he has been convicted of theft five times, and that he has prior convictions for resisting law enforcement, intimidation, escape, sexual battery, battery, stalking, invasion of privacy, and robbery. The PSI states that Augilar has had his probation modified five times, probation revoked four times, a suspended sentence revoked, violated parole, and was on probation when he committed the instant offense. The PSI further states that Aguilar reported that he suffered from physical and verbal abuse by his parents from age two to age twelve. He reported prior employment as a machinist, a mower, and a professional caregiver. The PSI provides that, “from October 2024 to his present incarceration, [Aguilar] stated he transported the Amish, earning $150.00 per day” and that he “reported prior to his present incarceration, he was destitute, since February 2025.” Appellant's Appendix Volume II at 48. Aguilar reported being in poor physical health, his left knee is in need of replacement, and he suffers from arthritis, asthma, and irritable bowel syndrome. The PSI states Aguilar “denied ever being diagnosed with any mental health related illnesses.” Id. Aguilar reported that he first began using marijuana at age fifteen, that he quit using marijuana in 2018, and that, for the past eight to nine years, he has consumed “massive amounts of CBD gummies and smokes CBD products.” Id. at 49. The PSI indicates that Aguilar's overall risk assessment score using the Indiana risk assessment tool places him in the moderate risk to reoffend category.

[8] After due consideration, we conclude that Aguilar has not sustained his burden of establishing that his sentence of two years with one year suspended to probation is inappropriate in light of the nature of the offense and his character.

[9] For the foregoing reasons, we affirm Aguilar's sentence.

[10] Affirmed.

FOOTNOTES

1.   The information alleged that Aguilar “did knowingly or intentionally exert unauthorized control over the property of Meijer, with the intent to deprive Meijer of any part of the use or value of said property; AND ․ has a previous unrelated conviction for Theft in the Allen Superior Court ․ under Cause Number 02D04-l610-F6-001097, on or about November 28, 2017.” Appellant's Appendix Volume II at 10.

Brown, Judge.

Altice, J., and DeBoer, J., concur.