COLLINS v. STATE (2026)

MEMORANDUM DECISION

Case Summary

[1] In September 2025, a jury found Jonathon Earl Collins guilty of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe, and Class B misdemeanor possession of marijuana. In the second phase of his trial, the jury found Collins was a habitual offender. Collins appeals his thirty-six-year aggregate sentence, arguing it is inappropriate in light of the nature of the offense and his character. We affirm.

Facts and Procedural History

[2] On December 31, 2021, LaGrange Police Department (LPD) Officer Andrew Schwartz noticed Collins’ truck had a loud exhaust and saw it drift over the fog line. Officer Schwartz initiated a traffic stop, and Collins informed Officer Schwartz that his Michigan driver's license was revoked. Officer Schwartz noticed Collins displaying nervous behavior and asked Collins if there was anything illegal in the truck. Collins initially said he “was trying to stay legit” but also said he might have a marijuana cigarette in the truck. Tr. Vol. II p. 122. Officer Schwartz asked Collins to exit the truck and called a K-9 officer to conduct a free-air sniff.

[3] LPD Officer Tyler Smoker arrived, and his K-9, Dax, made a positive alert on the vehicle. When officers searched the truck, they found a marijuana cigarette in the console and a backpack containing a scale, several hypodermic syringes, plastic baggies, and about seventy-one grams of methamphetamine. Collins was arrested and later interviewed by LPD Detective Nicholas Martin. During the interview, Collins admitted that the methamphetamine was his. He also said that he “don't sell a whole lot” but that he helped a friend out once in a while. State's Ex. 18 at 12:00-12:30.

[4] Although he attended the final pretrial conference where the trial date was confirmed, Collins did not appear for his jury trial on September 3, 2025. The jury found Collins guilty of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe, and Class B misdemeanor possession of marijuana.¹ In the second trial phase, the jury found Collins was a habitual offender.

[5] A presentence investigation (PSI) report revealed that Collins had eight prior felony and fourteen prior misdemeanor convictions. Several of his convictions were substance related, including misdemeanor possession of a controlled substance, two misdemeanors for operating a vehicle while intoxicated, felony possession of precursors, felony delivery/manufacturing of a controlled substance with a habitual offender enhancement, misdemeanor use of a controlled substance, and felony possession of methamphetamine. And of the six times Collins was placed on probation, it was revoked for violations four times. Collins told the PSI examiner that, although he started abusing substances as a teenager, he has never attended a “proper substance abuse treatment center [because] his treatment has always been incarceration.” App. Vol. III p. 22. He then “expressed a desire to obtain information about a substance abuse treatment program or Drug Court[.]” Id. Still, he mentioned that “he is prepared to go to prison so he can smoke marijuana again and referred to the [Indiana Department of Correction (IDOC)] as ‘Prisney Land.’ ” Id.

[6] At sentencing, the court considered Collins’ criminal and probation history as aggravators. The court also found Collins’ failure to appear aggravating because it showed his “disdain for the Court's authority” and that he had a high risk for reoffending. Id. at 42. It found no mitigators. The court sentenced Collins to twenty-four years for the Level 2 felony, enhanced by twelve years for his habitual offender status; two years for the Level 6 felony; and 180 days for the Class B misdemeanor. It ordered the sentences served concurrently, for an aggregate sentence of thirty-six years in the IDOC. Collins now appeals.

Discussion and Decision

[7] Collins argues his thirty-six-year sentence is inappropriate. Indiana Appellate Rule 7(B) permits an appellate court to 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.” We give “considerable deference” to the trial court's sentencing decision and attempt only to “leaven the outliers” rather than achieve the “perceived ‘correct’ result” in every case. Lane v. State, 232 N.E.3d 119, 122 (Ind. 2024) (quoting Cardwell v. State, 895 N.E.2d 1219, 1222, 1225 (Ind. 2008)).

Indiana Appellate Rule 7(B) is a rare avenue for appellate relief that is reserved for exceptional cases. Even with Rule 7(B), sentencing is principally a discretionary function in which the trial court's judgment should receive considerable deference. 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). Absent such a sufficiently compelling evidentiary basis, we will not override the decision of ․ the trial court.

Sorenson v. State, 133 N.E.3d 717, 728 (Ind. Ct. App. 2019) (citations, quotations, and brackets omitted), trans. denied.

[8] For his Level 2 felony, Collins faced between ten and thirty years, with an advisory sentence of seventeen-and-a-half years. Ind. Code § 35-50-2-4.5 (2014). For his habitual offender enhancement, Collins’ Level 2 felony sentence was eligible to be enhanced by between six and twenty additional years. Ind. Code § 35-50-2-8(i)(1) (2017).² For his Level 6 felony, Collins faced between six months and two-and-a-half years, with an advisory sentence of one year. Ind. Code § 35-50-2-7(b) (2019). And for his Class B misdemeanor, Collins faced up to 180 days in jail. Ind. Code § 35-50-3-3 (1976). Although the court imposed an enhanced sentence, it ordered Collins’ sentences to run concurrently for an aggregate thirty-six years, which is less than the maximum sentence that Collins could have received.

[9] As to the nature of the offense, Collins has failed to point us to compelling evidence portraying his offense in a positive light. Despite Collins’ assertion that he was trying to “stay legit[,]” officers found approximately seventy-one grams of methamphetamine in his truck alongside a scale and plastic baggies. Tr. Vol. II p. 122. Under Indiana Code section 35-48-4-1.1(e)(1), dealing in methamphetamine is a Level 2 felony if the quantity is at least ten grams. Here, Collins possessed with intent to deliver more than seven times the ten-gram threshold required for a Level 2. Thus, the nature of his offense was more egregious than a typical Level 2 felony dealing in methamphetamine. See Murray v. State, 182 N.E.3d 270, 278 (Ind. Ct. App. 2022) (nature of the defendant's dealing offense was egregious where the amount sold exceeded the Level 2 felony threshold by almost forty percent).

[10] Regarding his character, Collins asserts he owned a business and “was earning an honest living” before being charged with the instant offense and notes that he successfully completed parole and two terms of probation. Appellant's Br. p. 11 (quotations omitted). Notwithstanding his legitimate sources of income, Collins admitted that the methamphetamine was his and that he sold it, albeit “not a whole lot.” State's Ex. 18 at 12:00-12:30. Further, Collins, now forty-six, has an extensive criminal history, spanning over twenty-eight years and consisting of eight felony and fourteen misdemeanor convictions. Although Collins successfully completed parole once and probation twice, his probation was revoked four other times due to his violations. Collins’ history shows he has not been deterred by his prior convictions or incarcerations and reflects poorly on his character. See Horns v. State, 218 N.E.3d 591, 596 (Ind. Ct. App. 2023), trans. denied.

[11] Moreover, his convictions demonstrate he has a persistent and unaddressed involvement with illegal drugs. Collins stated that he has been abusing substances since he was a teenager and that he never attended treatment. He also expressed that “incarceration” is the only treatment he has received. App. Vol. III p. 22. Yet, he also characterized the IDOC as “Prisney Land[,]” a place he was prepared to return to so he can smoke marijuana. Id. Although he asserted his desire to obtain information about treatment, Collins’ decades-long substance abuse and inability to address the problem also reflects poorly on his character. See Vega v. State, 119 N.E.3d 193, 204 (Ind. Ct. App. 2019) (holding that a long history of substance use reflected poorly on a defendant's character).

[12] Collins has failed to present such compelling evidence to persuade us that his sentence is inappropriate under Appellate Rule 7(B). We affirm.

[13] Affirmed.

FOOTNOTES

1.   Collins was also charged with Level 3 felony possession of methamphetamine, driving while suspended, a muffler violation, and failure to signal. At his trial, the jury was instructed not to return a verdict on the Level 3 charge if they found Collins guilty on the Level 2 charge; thus, because the jury found him guilty of the Level 2 felony, they did not return a verdict on the Level 3 charge. The remaining charges were dismissed.

2.   In 2023, Indiana Code section 35-50-2-8(i)(1) was amended to reflect that, with an underlying Level 2 felony conviction, a habitual offender adjudication carries a sentencing range of between eight and twenty years. However, we cite to the pre-amendment statute here, as it is well settled that the sentencing statutes in effect at the time a defendant committed the offense govern the defendant's sentence. Marley v. State, 17 N.E.3d 335, 340 (Ind. Ct. App. 2014).

Scheele, Judge.

May, J., and Pyle, J., concur.