Court of Appeals of Indiana | Memorandum Decision 19A-CR-2497 | August 27, 2020 Page 1 of 12

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

David W. Stone

Anderson, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Tiffany A. McCoy

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Dre’quez Redfield,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

August 27, 2020

Court of Appeals Case No.

19A-CR-2497

Appeal from the Madison Circuit 

Court

The Honorable Angela Warner 

Sims, Judge

Trial Court Cause No.

48C01-1810-F2-2652

Riley, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-2497 | August 27, 2020 Page 2 of 12

STATEMENT OF THE CASE

[1] Appellant-Defendant, Dre’quez Redfield (Redfield), appeals his sentence 

following his conviction for burglary with a deadly weapon, a Level 2 felony, 

Ind. Code § 35-43-2-1(3)(A); attempted armed robbery, a Level 3 felony, I.C. §§

35-42-5-1(a)(1), 35-41-5-1; and criminal confinement while armed with a deadly 

weapon, a Level 3 felony, I.C. § 35-42-3-3(a), -(b)(2)(A).

[2] We affirm. 

ISSUES

[3] Redfield presents the court with two issues, which we restate as:

(1) Whether the trial court abused its discretion in identifying the 

aggravating circumstances; and

(2) Whether his sentence is inappropriate given the nature of his 

offenses and his character. 

FACTS AND PROCEDURAL HISTORY

[4] In 2018, Redfield and Jarrod King (King) were both separately dealing 

marijuana in Anderson, Indiana. King purchased marijuana from Redfield on 

one occasion. Redfield had also once been briefly at King’s home in the 2300 

block of Chase Street.

[5] On October 17, 2018, King was at home on Chase Street with his girlfriend, 

Kayla Rusk (Rusk), who was eight-months pregnant at the time. Redfield had 
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texted King offering marijuana for sale, but King had rejected the offer, telling 

Redfield that his prices were too high. Around 6:30 p.m., Redfield appeared

unannounced at King’s home. King was surprised to see Redfield but allowed 

him to enter. A physical altercation between Redfield and King ensued. While

Redfield and King fought, Jason Hart (Hart) entered King’s home and 

participated in the altercation. Rusk heard the altercation and came to the 

living room to investigate. King handed Rusk two back packs filled with over 

six pounds of marijuana and told her to run. 

[6] Rusk fled to the home of her next-door neighbor, Chastity Kube (Kube), who 

was also pregnant at the time. Unbeknownst to Kube, Rusk dumped the two 

marijuana-filled backpacks in Kube’s shower and pulled the shower curtain 

shut. Shortly thereafter, Redfield kicked open Kube’s front door. Kube ran to 

her bedroom and attempted to barricade herself inside. Redfield pushed open 

the bedroom door, pinning Kube against the wall. Redfield pointed a gun at 

Kube’s head and demanded repeatedly to know “where it was.” (Transcript 

Vol. I, p. 118). Kube had no idea what Redfield was seeking and was scared for 

her life and the life of her unborn baby. Kube eventually extricated herself from 

the bedroom and fled her home. As she fled, she saw a man in a red hoodie 

coming from the area of her back yard. Afterwards, she discovered that the 

backdoor to her home had been broken in and her home rifled. 

[7] Rusk and neighbors called 9-1-1. After investigators spoke with King, Redfield 

and Hart were quickly developed as suspects. On October 17, 2018, the State 

filed an Information, charging Redfield with two Counts of burglary of King 
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and Kube, both as Level 2 felonies; armed robbery of King, a Level 3 felony; 

attempted armed robbery of Kube, a Level 3 felony; and three Counts of 

criminal confinement of King, Rusk, and Kube, all as Level 3 felonies. On 

August 29, 2018, the State amended the armed robbery charge to Level 3 felony 

attempted armed robbery. 

[8] On September 4, 2019, the trial court convened Redfield’s three-day jury trial

and granted the State’s motion to dismiss the criminal confinement charges 

pertaining to King and Rusk. The jury found Redfield guilty of burglary of 

Kube’s home, attempted armed robbery of Kube, and criminal confinement of 

Kube. The jury acquitted Redfield of all the other charges. 

[9] On September 24, 2020, the presentence investigation report (PSI) was filed. 

Redfield told the PSI investigator that the offenses were the result of “a drug 

deal gone bad . . . Even the dude got on the stand and told him it was a 

misunderstanding.” (Appellant’s App. Vol. II, p. 156). Redfield has a history 

of prescription medication abuse starting from the age of fifteen. Redfield 

reported that he was high on Adderall, Suboxone, Percocet, and Xanax at the 

time of the offense and stated to the PSI investigator that he could not recall the 

details of the offenses. Redfield strongly denied to the PSI investigator that he 

had held a gun to Kube’s head and thought he had been guilty of residential 

entry at most, not burglary. Redfield told the PSI investigator that he did not 

believe that the criminal justice system was fair and asked, “How can people get 

on the stand and just lie on you?” (Appellant’s App. Vol. II, p. 158). 
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[10] The PSI detailed Redfield’s criminal record. As a juvenile, Redfield had been 

adjudicated delinquent for possession of cocaine and operating a motor vehicle 

without ever receiving a license in 2012. He was sentenced to formal probation. 

In 2013, Redfield was adjudicated delinquent for resisting law enforcement and 

received probation and substance abuse treatment. As an adult, in 2014

Redfield pleaded guilty to Level 6 felony cocaine possession and was sentenced 

to one year and 128 days of probation. Approximately one month after he had 

been arrested on the cocaine possession charge, Redfield was arrested for 

marijuana possession, leaving the scene of an accident, operating while 

intoxicated on a controlled substance, and driving while suspended. Redfield 

ultimately pleaded guilty to operating while intoxicated on a controlled 

substance and received a 361-day sentence that was suspended to probation. In 

2015, Redfield pleaded guilty to Level 6 felony resisting law enforcement and, 

on November 15, 2016, was sentenced a one-year sentence, suspended to 

probation. On October 23, 2018, the State filed a notice of violation of

probation in the resisting law enforcement case, and on November 19, 2018, 

Redfield’s probation was revoked. In the Case/Offense Information section of 

the PSI, the portion titled “On Probation/Parole at Offense:” was filled in 

“Yes.” (Appellant’s App. Vol. II, p. 151). 

[11] Kube filed a victim’s impact statement with the trial court. Following the 

offenses, Kube experienced stress-induced, pre-term labor and had to be 

hospitalized. She was subsequently put on bed rest and delivered her baby prior 

to its due date. Kube missed work immediately after the offenses, during her 
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pregnancy complications, and for Redfield’s trial and was placed on probation 

at her employment due to absence. Kube continues to experience anxiety, loss 

of concentration, and nightmares regarding the offenses. 

[12] On September 30, 2019, the trial court held Redfield’s sentencing hearing. 

During his allocution, Redfield told the trial court that he took responsibility for 

the offenses. The trial court found Redfield’s criminal record that included two 

felony convictions, one for drug offense and one for a violent offense, was an 

aggravating circumstance. The trial court found the fact that Redfield was on 

probation at the time of the instant offenses to be a second aggravating 

circumstance. The trial court acknowledged Redfield’s expression of remorse 

but declined to extend it any significant mitigating weight due to Redfield’s 

prior statements diminishing his acceptance of responsibility. The trial court 

found that the aggravators outweighed the mitigators. The trial court sentenced 

Redfield to twenty-five years for burglary, thirteen years for attempted armed 

robbery, and thirteen years for criminal confinement, to be served concurrently,

and with five years suspended to probation. 

[13] Redfield now appeals. Additional facts will be provided as necessary. 

DISCUSSION AND DECISION

I. Aggravating Circumstances

[14] Redfield asserts that the trial court abused its discretion when it found that his 

criminal record and the fact that he was on probation at the time of the offenses 

were aggravating circumstances. So long as a sentence imposed by a trial court 
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is within the statutory range for the offense, it is subject to review only for an 

abuse of discretion. Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), clarified 

on reh’g, 875 N.E.2d 218 (Ind. 2007). An abuse of the trial court’s sentencing 

discretion occurs if its decision is clearly against the logic and effect of the facts 

and circumstances before the court, or the reasonable, probable, and actual 

deductions to be drawn therefrom. 868 N.E.2d at 490. A trial court abuses its 

discretion when it fails to enter a sentencing statement at all, its stated reasons 

for imposing sentence are not supported by the record, its sentencing statement 

omits reasons that are clearly supported by the record and advanced for 

consideration, or its reasons for imposing sentence are improper as a matter of 

law. Id. at 490-91. 

[15] As to his criminal record, Redfield contends that his only violent prior offenses

were his true-finding for resisting law enforcement and his Level 6 felony 

conviction for resisting law enforcement and that “the Supreme Court 

recognized that the significance of a criminal record can vary with the types of 

offense in the record and the offenses for which sentence is being imposed.” 

(Appellant’s Br. p. 10). Redfield argues that for “purposes of sentencing for the 

burglary with deadly weapon and attempted armed robbery, [his] record of 

petty offenses do not justify the near-maximum sentence which was imposed.” 

(Appellant’s Br. p. 11). Redfield essentially challenges the weight the trial court 

accorded to his criminal record. However, after the General Assembly adopted 

our present advisory sentencing scheme in 2005, a trial court is no longer 

obligated to identify and weigh the aggravating and mitigating circumstances 
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upon rendering its sentence. Anglemyer, 868 N.E.2d at 491. Rather, it may 

impose any sentence authorized by law once it has entered its sentencing 

statement. Id.; see also I.C. § 35-38-1-7.1(d). As a result, the relative weight 

ascribed by the trial court to any aggravating and mitigating circumstances is no 

longer subject to our review. Anglemyer, 868 N.E.2d at 491. 

[16] As to the aggravating circumstance that he was on probation at the time he 

committed the instant offenses, Redfield argues that “[i]t is far from clear that 

[Redfield] was on probation based on the PSI,” which we take to be a challenge 

to the evidence supporting this aggravator. (Appellant’s Br. p. 11). The PSI 

noted that on October 23, 2018, which was six days after Redfield committed 

the instant offenses, the State filed a notice of violation of probation in 

Redfield’s 2015 felony resisting law enforcement case, and on November 19, 

2018, Redfield’s probation was revoked. The Case/Offense Information 

section of the PSI indicated that Redfield was on probation at the time of the 

offenses. Redfield did not object to this information in his PSI or correct it at 

his sentencing hearing. In light of this evidence, we conclude that, contrary to 

Redfield’s assertions, the trial court did not abuse its discretion in finding this 

aggravating circumstance because it was supported by the record. 

II. Appropriateness of Sentence

[17] Redfield request that we review the appropriateness of his sentence and asserts 

that his twenty-five-year aggregate sentence is overly-harsh. “Even when a trial 

court imposes a sentence within its discretion, the Indiana Constitution 

authorizes independent appellate review and revision of this sentencing 
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decision.” Hoak v. State, 113 N.E.3d 1209, 1209 (Ind. 2019). Thus, we may 

revise a sentence if, after due consideration of the trial court’s decision, we find 

that the sentence is inappropriate in light of the nature of the offenses and the 

character of the offender. Id. The principal role of such review is to attempt to 

leaven the outliers. Cardwell v. State, 895 N.E.2d 1219, 1225 (Ind. 2008). The 

defendant bears the burden to persuade the reviewing court that the sentence 

imposed is inappropriate. Robinson v. State, 91 N.E.3d 574, 577 (Ind. 2018). 

A. Nature of the Offenses

[18] When assessing the nature of an offense, the advisory sentence is the starting

point that the legislature selected as an appropriate sentence for the particular 

crime committed. Perry v. State, 78 N.E.3d 1, 13 (Ind. Ct. App. 2017). Redfield 

was convicted of burglary as a Level 2 felony and attempted armed robbery and 

criminal confinement as Level 3 felonies. A Level 2 felony has a sentencing 

range of between ten and thirty years, with an advisory sentence of seventeen 

and one-half years. I.C. § 35-50-2-4.5. A Level 3 felony has a sentencing range 

of between three and sixteen years, with an advisory sentence of nine years. 

I.C. § 35-50-2-5(b). Therefore, Redfield faced a potential sentence of sixty-two 

years. Redfield was sentenced to moderately-enhanced sentences of twenty-five 

years for the Level 2 felony and thirteen years each for the Level 3 felonies, to 

be served concurrently. 

[19] When reviewing the nature of the offense, we look to the “the details and 

circumstances of the commission of the offense and the defendant’s 

participation.” Perry, 78 N.E.3d at 13. Here, Redfield had a physical 
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altercation with King over marijuana that spilled over onto an innocent party, 

Kube. Kube had no part in King’s drug dealing and only became involved in 

the events of October 17, 2018, because Rusk fled from Redfield into her home. 

Redfield broke through Kube’s front door in pursuit of Rusk and held a gun to 

Kube’s head in an attempt to force her to divulge the whereabouts of the 

marijuana she knew nothing about. Kube was pregnant at the time. Kube 

reported that after the offenses, she experienced pre-term labor and had to be 

hospitalized. Due to stress and anxiety caused by the offenses, Kube’s life was 

disrupted when she had to be put on bed rest to protect her pregnancy, and her 

ability to sleep and concentrate has been affected. Kube reported that she 

delivered her baby pre-term, and she continues to experience anxiety due to the 

offenses. In addition, her work has been impacted by the absences she has 

incurred as a result of Redfield’s offenses. 

[20] Redfield contends that “[n]othing in this case distinguishes the offenses at issue 

from the run of the mill crimes of that sort however. They do not fall in the 

category of the near worst of those offenses.” (Appellant’s Br. p. 13). We find 

this argument unpersuasive for at least two reasons. Redfield’s offenses were 

more egregious than run-of-the-mill burglary, attempted armed robbery, and 

criminal confinement because he involved an innocent party who was pregnant 

whose only connection to these events was that she gave refuge to an 

extremely-pregnant neighbor who appeared to be in distress. In addition, 

Redfield received only moderately-enhanced, concurrent sentences, and, 

therefore, we find any argument about “near-maximum” sentences to be 
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inapplicable to his case. (Appellant’s Br. p. 13). In short, Redfield has failed to 

persuade us that his sentence is inappropriate in light of the nature of his 

offenses. 

B. Character of the Offender

[21] Redfield also urges us to revise his sentence in light of his character. Upon 

reviewing a sentence for inappropriateness, we look to a defendant’s life and 

conduct as illustrative of his character. Morris v. State, 114 N.E.3d 531, 539 

(Ind. Ct. App. 2018), trans. denied. Redfield was twenty-three years old at 

sentencing. He has already amassed a criminal record of true-findings for 

cocaine possession, operating without a license, false informing, and resisting 

law enforcement as well as convictions as an adult for cocaine possession, 

operating while intoxicated, and resisting law enforcement. Thus, Redfield has 

substantial criminal record that includes drug-related and violent offenses. In 

addition, it is evident from the record that Redfield was actively engaged in 

dealing marijuana in Anderson and was abusing prescription medication, so he 

was not living a law-abiding life apart from his record of criminal convictions. 

Redfield has received the benefit of probation on several occasions and was on 

probation when he committed the present offenses. Redfield professed to have 

accepted responsibility for the offenses, yet this rings hollow in light of his 

statements to the PSI investigator denying that he confined Kube using a gun, 

that witnesses against him at trial lied, and that he could not remember the 

details of the offenses because of his intoxication, despite the fact that he had 

given a detailed account of the offenses two days after they occurred when he 
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was taken into custody. Given Redfield’s criminal record and his apparent lack 

of acceptance of responsibility for the offenses, we cannot conclude that his 

sentence is inappropriate in light of his character. 

[22] Redfield’s argument regarding his character is as follows:

Neither does [Redfield] fall in the category of the worst offender. 

He is a drug offender, a traffic offender and has committed low 

level resisting law enforcement felonies but he is clearly not in the 

worst class of offender.

(Appellant’s Br. p. 13). As noted above, the trial court did not impose a 

maximum sentence in this case, so there is nothing indicating it considered 

Redfield to be among the worst type of offender. Even if Redfield had received 

a maximum sentence, the rule that maximum offenses are most appropriate for 

the worst offenders “is not an invitation to determine whether a worse offender 

could be imagined, as it is always possible to identify or hypothesize a 

significantly more despicable scenario[.]” Kovats v. State, 982 N.E.2d 409, 416

(Ind. Ct. App. 2013). Accordingly, Redfield has failed to convince us that his 

sentence is inappropriate given his character. 

CONCLUSION

[23] Based on the foregoing, we conclude that Redfield’s sentence is not 

inappropriate given the nature of his offenses and his character. 

[24] Affirmed. 

[25] May, J. and Altice, J. concur