Shay Anthony Dishman, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] Shay Anthony Dishman pled guilty to Level 4 felony dealing in methamphetamine and Level 6 felony unlawful possession of a legend drug and was sentenced to 10 years in prison. He now appeals, arguing that his sentence is inappropriate in light of the nature of the offenses and his character. We disagree and affirm.

Facts and Procedural History

[2] In September 2025, police stopped Dishman while he was riding a bicycle. During the stop, police searched Dishman's backpack and found several grams of methamphetamine, clindamycin pills, a syringe, and paraphernalia. The State charged Dishman with Level 4 felony dealing in methamphetamine, Level 6 felony unlawful possession of a legend drug, Level 6 felony unlawful possession of a syringe, Class C misdemeanor possession of paraphernalia, and four counts of Class C infraction illegal operation of a bicycle.

[3] The next month, the parties entered into a plea agreement under which Dishman would plead guilty to Level 4 felony dealing in methamphetamine and Level 6 felony unlawful possession of a legend drug, the State would dismiss the other charges, and sentencing would be left to the discretion of the trial court. The trial court accepted the guilty plea, and Dishman waived his right to be sentenced within 30 days so that he could enter a treatment program at Bethel House. Bethel House discharged Dishman after just one day. The court gave Dishman a “second opportunity” and sent him to House of Hope. Tr. p. 19. The court warned Dishman that if things didn't work out at House of Hope, it would sentence him to prison time. One month later, House of Hope discharged Dishman for failing to follow several rules.

[4] The case proceeded to sentencing. The trial court found two aggravating circumstances: (1) Dishman has an extensive criminal history, including six felony convictions, nine misdemeanor convictions, and at least five probation violations, and (2) Dishman was given two opportunities for treatment in this case, but he was unsuccessfully discharged from both programs. The court found Dishman's guilty plea to be a mitigating factor. Finding the aggravators to “substantially” outweigh the mitigator, the court sentenced Dishman to concurrent prison terms of 10 years for the Level 4 felony and 1 year for the Level 6 felony. Id. at 20. The court noted that if Dishman successfully completed a substance-abuse program in prison, it would consider a sentence modification after he served two years.

[5] Dishman now appeals.

Discussion and Decision

[6] Dishman asks us to revise his sentence under Indiana Appellate Rule 7(B), which provides that an appellate court “may revise a sentence authorized by statute if, after due consideration of the trial court's decision, the court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” The court's role under Rule 7(B) is to “leaven the outliers,” and “we reserve our 7(B) authority for exceptional cases.” Faith v. State, 131 N.E.3d 158, 160 (Ind. 2019). “Whether a sentence is inappropriate ultimately turns on the culpability of the defendant, the severity of the crime, the damage done to others, and a myriad of other factors that come to light in a given case.” Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014) (citing Cardwell v. State, 895 N.E.2d 1219, 1224 (Ind. 2008)). Because we generally defer to the judgment of trial courts in sentencing matters, defendants must persuade us that their sentences are inappropriate. Schaaf v. State, 54 N.E.3d 1041, 1044-45 (Ind. Ct. App. 2016).

[7] The sentencing range for a Level 4 felony is 2 to 12 years, with an advisory sentence of 6 years. Ind. Code § 35-50-2-5.5. The sentencing range for a Level 6 felony is 6 months to 2.5 years, with an advisory sentence of 1 year. I.C. § 35-50-2-7(b). The trial court sentenced Dishman to an above-advisory term of 10 years for the Level 4 felony and the advisory term of 1 year for the Level 6 felony, to be served concurrently.

[8] We agree with Dishman that there is nothing “particularly remarkable” about his offenses. Appellant's Br. p. 8. He possessed several grams of methamphetamine and clindamycin pills. But Dishman's character does not support a reduction of his sentence. Dishman has an extensive criminal history, including six felony convictions, nine misdemeanor convictions, and at least five probation violations. Moreover, Dishman was given two opportunities to receive treatment before being sentenced in this case, but both programs unsuccessfully discharged him for failing to follow the rules. Although Dishman emphasizes that he pled guilty early in this case and that he has “a documented history of gainful employment,” Appellant's Br. p. 9, neither are significant when compared to his lengthy criminal history.

[9] Dishman has failed to persuade us that his sentence is inappropriate.

[10] Affirmed.

Vaidik, Judge.

Altice, J., and Foley, J., concur.