Tyler Lenard Mabry, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] Tyler Lenard Mabry appeals his sentence for unlawful possession of a firearm by a serious violent felon as a level 4 felony. We affirm.

Facts and Procedural History

[2] On March 20, 2024, Mabry drove his sister's vehicle to visit an acquaintance in order to purchase drugs, then drove to a laundromat to pick up clothes for his sister, and then started to drive back to his sister's residence. Hammond Police Officer Jason Chorba observed that the temporary license plate in the window of the vehicle driven by Mabry was expired, and he “ran that license plate which then returned stolen out of the city of East Chicago.” Transcript Volume II at 170. Officer Chorba initiated a traffic stop. Mabry provided his “Arizona identification card,” and “[h]is driving status in the state of Indiana ․ was suspended.” Id. at 222. Police found a plastic baggie containing numerous pills in the center console below the stereo and a .380-caliber Smith & Wesson with an extended magazine between the driver's seat and the center console. Mabry admitted that he had a prior felony conviction. Mabry's DNA was found on the firearm's grip and trigger.

[3] The State charged Mabry with unlawful possession of a firearm by a serious violent felon as a level 4 felony. The court held a jury trial. Mabry stipulated that he had a prior felony conviction. The jury found Mabry guilty as charged. The court found the following aggravating circumstances: “1. [Mabry] has had thirty contacts with the Criminal Justice System across multiple States. He has ten misdemeanor convictions and three felony convictions. This extensive criminal history is a significant aggravating circumstance,” and “2. [Mabry] has violated the conditions of probation. He violated probation in a[t] least nine cases for which he was granted the benefit of a probationary sentence. This is an aggravating circumstance of great weight.” Appellant's Appendix Volume II at 82. It found the following mitigating circumstances: “1. [Mabry's] drug addition [sic] has been a significant contributing factor in [his] criminal conduct. However, due to his numerous opportunities for treatment, this is a mitigating factor of low weight,” and “2. [Mabry] suffers with two mental health diagnoses and was homeless at the time of this arrest. These personal challenges constitute mitigating factors of moderate weight.” Id. at 82-83. The court found the aggravating factors outweighed the mitigating factors and sentenced Mabry to eight years with one year to be served in Lake County Community Corrections with substance abuse treatment.

Discussion

[4] Mabry asserts that his sentence is inappropriate. He argues, “[t]he facts of this possession do not exceed the elements of this offense and fails [sic] to justify an enhanced sentence.” Appellant's Brief at 9. He further maintains that, while his criminal history “reflects poorly on [his] character, these past offenses are the product of [his] ongoing drug addiction, with most of the prior convictions being drug offenses or those related to drug use, such as theft.” Id. He argues that the most recent order that he enter substance abuse treatment “occurred five years ago” and that he “had no criminal contacts between the time of that treatment and the current offense.” Id. at 10. He asks this Court “to reduce his sentence to a term of seven years, with an order for [him] to participate in Recovery While Incarcerated, enabling [him] to file for modification upon completion.” Id. at 11.

[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 § 35-50-2-5.5 provides that a person who commits a level 4 felony shall be imprisoned for a fixed term of between two and twelve years with the advisory sentence being six years.

[6] Our review of the nature of the offense reveals that Mabry, a serious violent felon, unlawfully possessed a firearm. Police stopped Mabry when he was driving to his sister's residence after purchasing drugs in a vehicle with a license plate which returned as stolen while his driver's license was suspended.

[7] Our review of the character of the offender reveals that Mabry, who was born in 1988, has had numerous contacts with the criminal justice system. The presentence investigation report (the “PSI”) states that he has three felony convictions and ten misdemeanor convictions. Mabry has felony convictions for criminal confinement resulting in bodily injury as a class C felony in 2014, residential entry as level 6 felony in 2015, and battery resulting in moderate bodily injury as a level 6 felony in 2017. He has misdemeanor convictions for illegal possession of alcohol as a minor, possession of a controlled substance, receiving stolen property, attempted grand larceny, disturbing the peace, resisting law enforcement, disorderly conduct, and operating a vehicle while intoxicated. At sentencing, the court stated, “you've had 13 prior convictions where you were given the chance for therapy, for treatment, for rehabilitation,” “with 30 contacts with the criminal justice system, how many times ․ is a Court supposed to show you leniency,” and “[y]ou've been on probation nine times, and you have violated nine times.” Transcript Volume III at 136-137.

[8] The PSI states that, at the time of his arrest, Mabry was homeless, received public assistance, and was struggling to meet his needs. He reported that he was diagnosed with Attention Deficit Hyperactivity Disorder and Bipolar Disorder as a child and believes that he has Post-Traumatic Stress Disorder. The PSI also states that Mabry “admitted to the use of alcohol, marijuana, hydrocodone, and cocaine,” he “first used alcohol and marijuana around 16 or 17 years old, hydrocodone in 2018, and cocaine in 2015,” he “last used alcohol three years ago, marijuana at the beginning of 2025, [and] hydrocodone and cocaine in the summer of 2025,” he “attended treatment through Regional Mental Health several times, with the last being in 2021,” and he “admits to using pills on the day of the offense.” Appellant's Appendix Volume II at 70. The PSI indicates that Mabry's overall risk assessment score using the Indiana risk assessment tool places him in the high risk to reoffend category. After due consideration, we conclude that Mabry has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

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

[10] Affirmed.

Brown, Judge.

Bailey, J., and Weissmann, J., concur.