III v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] John Harold Heath, III, appeals his sentence for resisting law enforcement as a level 5 felony. We affirm.

Facts and Procedural History

[2] On April 14, 2024, LaGrange Police Officer Patrick Shears observed a Chevrolet Malibu traveling across the center line. Officer Shears decided to initiate a traffic stop on “750 North” in LaGrange County and activated his emergency lights, but the vehicle, later determined to be driven by Heath, continued, and Officer Shears activated his sirens. Transcript Volume II at 29.

[3] Heath stopped at “3280 East 750 North,” which was in Indiana. Id. Officer Shears walked toward the vehicle but “was only able to make it to the front of [his own] vehicle before the vehicle” he had stopped began pulling away. Id. at 33. Throughout the course of the pursuit, Heath did not stay in his lane of travel and was in “the oncoming lane of traffic on the side of each road” and “all over the place.” Id. The pursuit began “[p]robably about a mile” from the state line. Id. at 35. At some point, Heath pulled over in Michigan and “switched to” a different vehicle, a black Suburban. Id. at 34. Officer Shears coordinated with the Michigan State Police. Eventually, the Suburban came to rest in the middle of a field in Michigan. Heath was “very combative” and “even once taken into custody, was non-compliant.” Id. at 39.

[4] On June 13, 2024, the State charged Heath with resisting law enforcement as a level 5 felony. On April 1, 2026, the court held a bench trial, and the State presented the testimony of Officer Shears and LaGrange Chief Deputy Nicholas Martin. The court found Heath guilty as charged. At the sentencing hearing, defense counsel asserted that “the sensational nature of things that happened in Michigan ․ are being punished by Michigan,” and he asked that “the very, very short period of time that these events took place within Indiana should be taken into consideration” and asked for an advisory sentence of three years. Id. at 54-55. Defense counsel also indicated that there were some corrections to the presentence investigation report (“PSI”), including that, “by my client's recollection, his count would be 17 felonies, 16 misdemeanors, as opposed to 18 and 16.” Id. at 54. The prosecutor requested that the court sentence Heath to five years. The probation officer who completed the PSI also recommended a sentence of five years.

[5] The court stated, “Well, I don't think I even really need to look at what happened in Michigan, to be quite honest.” Id. at 56. The court observed that Heath's criminal history was “horrendous” and consisted of either seventeen or eighteen felony convictions, sixteen misdemeanor convictions, three probation placements, all of which were revoked, and two previous habitual offender enhancements. Id. It noted that Heath had warrants for failure to appear in court twenty-five times. On April 30, 2026, the court sentenced Heath to five years to be served consecutively to his sentence in Michigan under “Cause Number 24-25489-FH-l.” Appellant's Appendix Volume II at 120.

Discussion

[6] Heath asserts that his sentence is inappropriate. He argues that the “Indiana-specific conduct was limited in time and distance” and “[a] five-year sentence – near the statutory maximum – is not warranted by conduct that lasted approximately one mile.” Appellant's Brief at 7-8. He acknowledges that his “criminal history is extensive” but asserts that his history “does not transform a one-mile pursuit into conduct warranting a five-year sentence.” Id. at 8. He requests that we revise his sentence to the advisory term of three years.

[7] 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.” Under this rule, 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 § 35-50-2-6 provides that a person who commits a level 5 felony shall be imprisoned for a fixed term of between one and six years with the advisory sentence being three years.

[8] Our review of the nature of the offense reveals that Heath continued driving despite Officer Shears's activation of his emergency lights. Heath drove “all over the place,” which placed the public at risk. Transcript Volume II at 33.

[9] In our review of the character of the offender we look to the PSI which indicates that Heath, who was born in 1977, has numerous convictions including obstructing official business as a misdemeanor in Ohio in 1996; receiving stolen property as a felony and unauthorized use, petty theft, and disorderly conduct as misdemeanors in Ohio in 1997 ¹ ; attempted escape in Ohio in 1998 ² ; attempting to resist/obstruct police in Michigan in 1999 ³ ; driving under suspension as a misdemeanor in Ohio in 2000; fleeing police officer as a felony and resisting and obstructing an officer, assault and battery,⁴ and attempted larceny as misdemeanors in Michigan in 2000; criminal conversion as a misdemeanor in Indiana at some point ⁵ ; attempting to resist/obstruct police as a misdemeanor in Michigan in 2001; larceny from a motor vehicle as a felony in Michigan in 2003; domestic violence as a misdemeanor in Michigan in 2004; illegal manufacture of drugs or cultivation of marijuana and illegal assembly of chemicals for the manufacture of drugs as felonies in Ohio in 2005; conversion as a class A misdemeanor in Indiana in 2006; multiple counts of aggravated trafficking of drugs as felonies in Ohio in 2010 ⁶ ; physical control of vehicle under influence as a misdemeanor in Ohio in 2015; possession of methamphetamine as a felony in Michigan in 2017; malicious destruction of property as a misdemeanor in Michigan in 2021; and resisting law enforcement as a level 6 felony and reckless driving as a class C misdemeanor in Indiana in 2025.⁷ With respect to his actions in Michigan on April 14, 2024, a court in Michigan sentenced Heath under “Case Number” “2024-0000025489-FH” to seven to thirty years incarcerated for “fleeing a police officer second degree” enhanced by his status as an habitual offender. Appellant's Appendix Volume II at 104. Further, with respect to his actions on April 14, 2024, Heath was also convicted in Michigan under a separate cause number of assaulting/resisting/obstructing a police officer as a felony, and was sentenced to 270 days. The PSI further indicates that Heath was found guilty of “Assaulting/Resisting/Obstructing Police Officer Causing Injury” as a felony in Michigan with respect to actions on March 18, 2025, and was sentenced on July 11, 2025, to twenty-eight months to eight years incarceration. Id. at 105.

[10] The PSI indicates that Heath had been convicted of at least seventeen felonies and sixteen misdemeanors, he had been placed on probation three times, and probation had been revoked all three times. It further indicates that he had warrants issued for failing to appear in court twenty-five times. Heath reported first using methamphetamine when he was nineteen years old and used methamphetamine every other day when he was not incarcerated until 2024. He indicated that he planned to participate in treatment through the Michigan Department of Correction but could not begin until he was closer to his release date. The PSI indicates that Heath's overall risk assessment score using the Indiana risk assessment tool places him in the high risk to reoffend category.

[11] After due consideration and in light of Heath's extensive criminal history, we conclude that he has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

[12] For the foregoing reasons, we affirm Heath's sentence.

[13] Affirmed.

FOOTNOTES

1.   At the sentencing hearing, Heath's counsel asserted that the disposition for receiving stolen property as a felony may have occurred in 1996 instead of 1997 as indicated in the PSI.

2.   The PSI identifies the escape as a felony, but Heath's counsel asserted that “it was a misdemeanor Attempted Escape as opposed to a felony escape.” Transcript Volume II at 52.

3.   The PSI identifies this conviction as a felony, but Heath's counsel asserted that “[i]t pled out as a misdemeanor.” Transcript Volume II at 53.

4.   The PSI appears to list two separate convictions for assault and battery as misdemeanors. At the sentencing hearing, Heath's counsel asserted, “We have the same issue down here at the bottom; the last two entries ․ I believe, are the same case. Um, and they pled out as a misdemeanor.” Transcript Volume II at 53.

5.   The PSI lists the offense date as February 18, 2000, but does not list a disposition date.

6.   The PSI lists convictions on four counts. At the sentencing hearing, Heath's counsel argued that “his recollection was it was only three counts that he pled to as opposed to four.” Transcript Volume II at 53.

7.   The PSI indicates that the offense date for these offenses was December 29, 2020, and that the disposition date was November 26, 2025.

Brown, Judge.

Kenworthy, J., and Scheele, J., concur.