Court of Appeals of Indiana | Memorandum Decision 84A04-1611-CR-2535 | April 12, 2017 Page 1 of 6

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

Cara Schaefer Wieneke

Wieneke Law Office, LLC

Brooklyn, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Tyler G. Banks

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Gerald Lynn West,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

April 12, 2017

Court of Appeals Case No.

84A04-1611-CR-2535

Appeal from the Vigo Superior 

Court

The Honorable Michael J. Lewis, 

Judge

Trial Court Cause No.

84D06-1510-F2-2616

Bailey, Judge.
Court of Appeals of Indiana | Memorandum Decision 84A04-1611-CR-2535 | April 12, 2017 Page 2 of 6

Case Summary

[1] Gerald Lynn West (“West”) challenges his aggregate thirty-year sentence for 

Dealing in Methamphetamine, as a Level 2 felony,1 Maintaining a Common 

Nuisance, as a Level 6 felony,2 Battery, as a Level 5 felony,3 and Possession of 

Marijuana, as a Class A misdemeanor.4 He presents the issue of whether his 

sentence is inappropriate. We affirm.

Facts and Procedural History

[2] On October 13, 2015, Terre Haute Police Department Officer Daniel LaFave 

(“Officer LaFave”) initiated a traffic stop of a van driven by West, attached to a 

trailer without operational brake lights. West produced a driver’s license but 

was unable or unwilling to produce the vehicle’s registration and his proof of 

insurance. West also denied knowing the name of his insurance provider. 

Officer LaFave asked that West and his juvenile companion exit the vehicle. 

[3] A canine police unit arrived, and the canine alerted to the presence of drugs. 

As Officer Jeffrey Pupilli approached West to place him in handcuffs, West 

turned and punched the officer in the face. West began to run away; he fell to 

 

1

Ind. Code § 35-48-4-1.1(a)(2).

2

I.C. § 35-48-4-13(b)(2)(A) [now repealed and re-codified at I.C. § 35-45-1-5].

3

I.C. § 35-42-2-1.

4

I.C. § 35-48-4-11(a)(1).
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the ground after an officer deployed his Taser. West was eventually subdued 

and arrested by four police officers.

[4] After the struggle, West’s van was searched. Inside the van was a large 

insulated bag containing two smaller bags. Inside the smaller bags officers 

found 357.38 grams of crystal methamphetamine. The officers also seized 2.58 

grams of marijuana, digital scales with white residue, and a pipe.

[5] West was charged with Dealing in Methamphetamine, Possession of 

Methamphetamine, Maintaining a Common Nuisance, two counts of Resisting 

Law Enforcement, Battery, and Possession of Marijuana. A jury convicted him 

as charged. Due to double jeopardy concerns, the trial court entered judgments 

of conviction and sentences upon only four counts. For Dealing in 

Methamphetamine, West received a sentence of thirty years. He received 

concurrent sentences of two years for Maintaining a Common Nuisance, three 

years for Battery, and 180 days for Possession of Marijuana. This appeal 

ensued.

Discussion and Decision

[6] West requests that we revise his sentence pursuant to Indiana Appellate Rule 

7(B). The authority granted to this Court by Article 7, § 6 of the Indiana 

Constitution permitting appellate review and revision of criminal sentences is 

implemented through Appellate Rule 7(B), which provides: “The Court may 

revise a sentence authorized by statute if, after due consideration of the trial 
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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.” Under this rule, and as 

interpreted by case law, appellate courts may revise a sentence after due 

consideration of the trial court’s decision, if the sentence is found to be 

inappropriate in light of the nature of the offense and the character of the 

offender. Cardwell v. State, 895 N.E.2d 1219, 1222-25 (Ind. 2008); Serino v. State, 

798 N.E.2d 852, 856-57 (Ind. 2003). The principal role of such review is to 

attempt to leaven the outliers. Cardwell, 895 N.E.2d at 1225.

[7] West was convicted of Level 2, Level 5, and Level 6 felonies. He faced a 

sentencing range of ten to thirty years, with 17 and 1/2 years as the advisory

sentence; one to six years, with three years as the advisory sentence; and 6 

months to 2 and 1/2 years, with one year as the advisory sentence, respectively. 

I.C. §§ 35-50-2-4.5, 35-50-2-6, 35-50-2-7. Upon conviction of a Class A 

misdemeanor, West faced a sentence of up to one year in prison. I.C. § 35-50-3-

2. West’s thirty-year, three-year, two-year, and 180 day sentences are 

concurrent, yielding an aggregate sentence for all offenses equal to the 

maximum term for a Level 2 felony.

[8] As for the nature of West’s offenses, he possessed 357.38 grams of crystal 

methamphetamine and 2.58 grams of marijuana. The offense of possession of 

methamphetamine is elevated to a Level 2 felony upon possession of 10 or 

more grams. West possessed an amount approximately 35 times this threshold 

amount. He struck a police officer and fled. Four police officers were required 
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to subdue and arrest him. West’s conduct took place in the presence of a 

juvenile. These circumstances do not militate toward a lesser sentence.

[9] Regarding West’s character, he has a lengthy criminal history. In 1989, he was 

sentenced to six and one-half years’ imprisonment in a federal prison for 

distributing cocaine within 100 feet of a school and possession of a firearm. In 

2000, West was convicted of Dealing in Cocaine and Dealing in a Schedule II 

Controlled Substance. His thirty-year sentence was modified to twenty years, 

and he was released from prison in 2007. In 2014, West was charged with 

Dealing in Methamphetamine and Resisting Law Enforcement. The charges 

were dismissed in 2015, after West obtained an order suppressing evidence.5

[10] Awaiting trial for the instant charges, West wrote a letter to his wife suggesting 

that she participate in putting forth one of two scenarios in which West would 

not be culpable for possession of methamphetamine. He suggested that a 

juvenile admit to stealing the drugs. Alternatively, he suggested that his wife 

should claim: she wanted rid of West, she had an affair with a police officer, 

and she and the police officer planted evidence to frame West. West’s criminal 

history and conduct during incarceration do not speak well of his character.

 

5 A record of arrest, without more, does not establish the historical fact that a defendant committed a 

criminal offense, and thus the arrest is not evidence of a criminal history. Cotto v. State, 829 N.E.2d 520, 526 

(Ind. 2005). However, a record of arrest may reveal that a defendant has not been deterred after subjection to 

the police authority of the state and the information may be relevant to the trial court’s assessment of a 

defendant’s character. Id.
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[11] West has failed to benefit from prior opportunities for rehabilitation. He has 

not persuaded us that his thirty-year sentence is inappropriate.

[12] Affirmed.

Vaidik, C.J., and Robb, J., concur.