Court of Appeals of Indiana | Memorandum Decision 79A05-1612-CR-2894 |June 7, 2017 Page 1 of 9

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

Brian A. Karle

Ball Eggleston, PC

Lafayette, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Eric P. Babbs

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Tyler J. Collins,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

June 7, 2017

Court of Appeals Case No.

79A05-1612-CR-2894

Appeal from the Tippecanoe 

Superior Court

The Honorable Laura Zeman, 

Judge

Trial Court Cause No.

79D04-1608-F6-800

Brown, Judge.
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[1] Tyler J. Collins appeals his sentence for unlawful possession of a syringe as a 

level 6 felony. Collins raises one issue which we revise and restate as whether 

his sentence is inappropriate in light of the nature of the offense and his 

character. We affirm. 

Facts and Procedural History

[2] On August 26, 2016, with intent to violate Ind. Code §§ 16-42-19 or §§ 35-48-4, 

Collins knowingly possessed or had under his control a syringe or needle or an 

instrument adapted for the use of heroin by injection.

1

 Collins possessed the 

syringe with the intent to inject heroin and used the syringe to do so. 

[3] On August 31, 2016, the State charged him with Count I, unlawful possession 

of a syringe as a level 6 felony, and the court set his bond at $2,500. The State 

subsequently moved to amend the charging information to add Count II, 

possession of paraphernalia with a prior conviction, a class A misdemeanor, 

and the court granted the motion. In October 2016, Collins filed a motion for 

reduction of bond, and the court entered an order reducing his bond to $1,000 

with the requirement that he enroll in and successfully complete a substance 

abuse treatment program as recommended by Sycamore Springs. An entry in 

the chronological case summary (“CCS”) dated October 31, 2016, states a cash 

bond was entered in the clerk’s office, and entries in the CCS on November 2 

 

1

Ind. Code § 16-42-19-18 provides “[a] person may not possess with intent to: (1) violate this chapter [the 

Indiana Legend Drug Act]; or (2) commit an offense described in IC 35-48-4; a hypodermic syringe or needle 

or an instrument adapted for the use of a controlled substance or legend drug by injection in a human being” 

and that a violation constitutes a level 6 felony. 
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and 4, 2016, state that a report was filed by Sycamore Springs and that Collins 

showed proof of enrollment there. 

[4] On November 4, 2016, the court held a guilty plea hearing at which Collins 

pled guilty to Count I, unlawful possession of a syringe as a level 6 felony, and 

the State agreed to forgo prosecution on Count II. Collins agreed that he had

possession of a syringe, the syringe was an item used for the injection of a 

controlled substance, he possessed the syringe with the intent to inject heroin, 

that was a violation of Ind. Code § 35-48-4, and he did in fact use the syringe to 

inject heroin. 

[5] On December 5, 2016, the court held a sentencing hearing. At the hearing,

Collins’s counsel indicated that Collins would like to withdraw his guilty plea, 

and Collins stated that he had just come across a woman who indicated the 

syringes belonged to her. The court recounted the questions it had asked 

Collins at the guilty plea hearing and noted that an ambulance had been called 

and that but for that ambulance Collins would be dead, and Collins stated that 

he understood. The court denied Collins’s request to withdraw his plea. 

Collins indicated he had been diagnosed with bipolar disorder, manic 

depressive order, and general anxiety disorder, and he testified that when the 

doctor saw him regarding his social security disability “they determined that my 

spinal meningitis probably ate so much of brain that I am what they would 

classify as mildly retarded.” Transcript Volume 2 at 20-21. Collins indicated 

that he went to Sycamore Springs as a condition of his bond and that he wanted 

to obtain the treatment on his own as well. When asked if he had been 
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compliant, Collins answered affirmatively and testified he received a shot of 

Vivitrol every twenty-eight to thirty-two days. When asked the next step in the 

program, he testified he attended five days a week, then there would be a step 

down to three days a week for so many weeks, then two days a week for so 

many weeks, and then one day a week and then hopefully after care. 

[6] When asked “you owe Community Corrections money so you wouldn’t be able 

to . . . pay them and . . . that’s not really an option for you correct,” Collins 

replied “No, I collect Social Security Disability and . . . my dad just recently 

told me that since I’ve been straightening my act up he’s, they’re re-letting me 

live with them” and “therefore he was going to let me pay on the rent and . . . if 

I need to pay payments or whatever . . . to Community Corrections if need be 

then I got the support finally.” Id. at 23. He indicated he owed Community 

Corrections $1,119 and his disability benefit was $656 per month. When asked 

what was different this time, Collins answered that “before [he] never actually 

wanted rehab” and he “just had three close friends go to heaven this year.” Id.

at 28. The State requested a sentence of two and one-half years, all executed, 

and that if the court elected to permit Collins to continue with treatment, his 

sentence be stayed upon his successful completion of treatment and probation. 

Collins requested that the remainder of his sentence after time served be 

suspended to probation. The court stated it would release the cash bond and 

$950 of the bond would apply toward the Community Corrections fee. 

[7] The court found Collins’s criminal history, multiple petitions to revoke in past 

cases, and multiple failed attempts at rehabilitation and treatment to be 
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aggravating circumstances. It sentenced him to two and one-half years

executed to be served in Tippecanoe County Community Corrections and 

ordered that he was entitled to credit for sixty-five actual days plus sixty-five 

days good time credit. The court also ordered that, “if [Collins] is not accepted 

into Community Corrections or violates Community Corrections rules and 

removed from Community Corrections, [he] shall serve the balance of the 

executed sentence in the Tippecanoe County Jail or the Indiana Department of 

Correction [(“DOC”)].” Appellant’s Appendix Volume 2 at 36.2 

Discussion

[8] The issue is whether Collins’s sentence is inappropriate in light of the nature of 

the offense and his character. 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 

 

2 On appeal, Collins states: “As of the date of this Appellant’s Brief, Collins was serving executed time in the 

Tippecanoe County Jail. See Tippecanoe County Jail, http://www.tippecanoe.in.gov/467/Current-InmateListing (last visited March 4, 2017).” Appellant’s Brief at 6 n.3. In its appellee’s brief, the State responds: 

“Review of the website provided by Collins, as of the time the State files this brief, shows that his name is not 

currently listed as an inmate at the Tippecanoe County Jail. See http://www.tippecanoe.in.gov/467/

Current-Inmate-Listing (viewed April 3, 2017).” Appellee’s Brief at 5 n.3. Our review reveals that the 

information under Collins’s name on Tippecanoe County’s website sets forth a booking date of May 5, 2017, 

and states, under “Current Status,” the phrase “No Hold,” which means “[i]f all eligibility requirements are 

met, inmate may be released on bond.” See http://www.tippecanoe.in.gov/467/Current-Inmate-Listing) 

(last visited May 24, 2017). The information also includes, under “Charge Details,” entries for “work release 

violation (jail use only),” with a corresponding scheduled court date of June 6, 2017, under the cause number

from which this appeal arises, and “possession of methamphetamine” and “possession of salvia or synthetic 

cannabinoid.” Id. The page also includes a disclaimer stating “[a]ll information has been derived from 

public records that are constantly undergoing change and is not warranted for content or accuracy.” Id. 
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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).

[9] Collins asserts that his offense is no more or less egregious than the typical 

offense for which he was convicted, he victimized only himself through his 

conduct, and his maximum, fully-executed sentence is inappropriate. He 

argues he pled guilty without the benefit of a plea agreement, he took initiative 

during the time his case was pending to seek substance abuse treatment at 

Sycamore Springs, his forgery convictions occurred over ten years ago, the 

majority of his charges correlate with his addiction issues, his best opportunity 

to rehabilitate is with intensive substance abuse and mental health treatment

rather than a maximum jail sentence, and he is a victim of mental illness and an 

ongoing battle with addition. He requests this court to revise his sentence to 

include time on probation during which meaningful mental health and 

substance abuse treatment may be obtained under the watchful eye of a 

probation officer. 

[10] The State responds that Collins has a long criminal history consisting of felony 

and misdemeanor convictions and adjudications as well as probation violations 

and revocations and, despite these contacts with the criminal justice system and 

prior leniency, he has continued to commit criminal offenses. The State also 

asserts that Collins has not accepted responsibility for his actions and that he 

makes no argument there is a nexus between his mental health issues and the 

instant offense. 
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[11] Our review of the nature of the offense reveals that Collins, with intent to 

violate Ind. Code §§ 16-42-19 or §§ 35-48-4, knowingly possessed or had under 

his control a syringe for the use of heroin by injection. At the guilty plea 

hearing, Collins admitted that he used the syringe to inject heroin. 

[12] Our review of the character of the offender reveals that Collins pled guilty

without the benefit of a plea agreement and the State agreed to forgo 

prosecution of the charge for possession of paraphernalia with a prior 

conviction. According to the presentence investigation report (“PSI”), Collins 

was born on May 12, 1988, and has juvenile adjudications for truancy in 2001, 

battery resulting in bodily injury and residential entry in 2002, and theft and 

auto theft in 2003. Also as a juvenile, a petition for modification of disposition 

was filed due to Collins intimidating and threatening his teacher in May 2003,

and the court granted the petition; a petition for modification of disposition was 

filed due to his taking his parents’ van without permission and providing a false 

name to police in September 2003, and he was ordered to complete home-based 

services; and a petition for modification of disposition was filed due to his

pushing his mother into a wall, and the court granted the petition. As an adult, 

Collins was convicted of failure to stop after an accident resulting in nonvehicular damage as a class B misdemeanor in 2006; two counts of forgery as 

class C felonies, theft as a class D felony, and possession of marijuana as a class 

A misdemeanor in 2007; obtaining a controlled substance by fraud or deceit 

(conspiracy to commit) as a class D felony in February 2008; battery resulting 

in bodily injury as a class A misdemeanor in September 2008; possession of a 
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narcotic drug (attempt to commit) and battery resulting in bodily injury (prior 

with same victim) as class D felonies, resisting law enforcement as a class A 

misdemeanor, and battery as a class B misdemeanor in 2012; driving while 

suspended (prior within ten years) as a class A misdemeanor in 2015; and 

possession of paraphernalia and knowingly or intentionally operating a motor 

vehicle without ever receiving a license as class C misdemeanors in 2016. 

[13] In addition, the PSI indicates that Collins violated work release in 2006 by 

stealing from another work release participant and was transported to the 

Tippecanoe County Jail; a notice of work release rejection was filed in February 

2008 due to his possessing contraband and providing a false statement to a work 

release officer, and he was transported to jail; he tested positive for cocaine and 

marijuana in May 2008; a notice of home detention violation was filed in 

November 2008 due to his being found at a motel injecting cocaine, and he was 

remanded to jail; and a petition to revoke probation was filed in 2011 due to his

testing positive for marijuana, and the petition was found true. The PSI further 

states Collins failed to report to the probation department after his guilty plea 

hearing in November 2016 and has a long history of non-compliance with 

community-based services. The PSI also observes that a presentence 

investigation report filed in another cause indicated that Collins had been 

diagnosed with bipolar disorder and manic depressive disorder at ten years of 

age, was diagnosed with generalized anxiety disorder more recently, lost 

hearing due to contracting spinal meningitis in 2000 and had surgeries related 
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to his hearing loss, and reported a history of using and/or abusing alcohol, 

marijuana, cocaine, crack cocaine, methamphetamine, and heroin. 

[14] After due consideration, we conclude that Collins has not sustained his burden 

of establishing that his sentence of two and one-half years to be served on 

community corrections if accepted is inappropriate in light of the nature of the 

offense and his character.

Conclusion

[15] For the foregoing reasons, we affirm Collins’s sentence.

[16] Affirmed.

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