Court of Appeals of Indiana | Memorandum Decision 34A04-1503-CR-88 | August 7, 2015 Page 1 of 5

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

Derick W. Steele

Deputy Public Defender

Kokomo, Indiana

ATTORNEYS FOR APPELLEE

Gregory F. Zoeller

Attorney General of Indiana

Jesse R. Drum

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Anthony D. Dunn,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff

August 7, 2015

Court of Appeals Case No.

34A04-1503-CR-88

Appeal from the Howard Circuit 

Court

The Honorable Lynn Murray, Judge

Cause No. 34C01-1308-MR-156

Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 34A04-1503-CR-88 | August 7, 2015 Page 2 of 5

[1] Anthony Dunn appeals the sentence imposed by the trial court after Dunn 

pleaded guilty to class A felony Attempted Robbery.1 Dunn argues that the 

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

Finding that the sentence is not inappropriate, we affirm.

Facts

[2] On August 29, 2013, Dunn and Robert Patmon waited outside Jordan 

Ferguson’s apartment in Kokomo, intending to rob him. Patmon provided a 

firearm to Dunn for the robbery. As Ferguson approached his apartment, 

Patmon and Dunn followed him. Dunn accidentally shot Patmon in the back 

because he was nervous. Dunn and Patmon fled the scene, and Dunn made no 

attempt to call for help. Patmon was found dead the next morning as a result of 

the gunshot wound.

[3] On August 30, 2013, the State charged Dunn with murder. On September 10, 

2013, the State added charges of class B felony attempted robbery, class D 

felony residential entry, and class D felony criminal mischief. On November 

26, 2014, Dunn pleaded guilty to class A felony attempted robbery in exchange 

for dismissal of the remaining charges. Sentencing was left to the trial court’s 

discretion, with a cap on the executed portion of thirty-five years. Following a 

sentencing hearing, on February 24, 2015, the trial court sentenced Dunn to 

 

1

Ind. Code § 35-42-5-1(2). We apply the version of the statute in effect at the time Dunn committed the 

offense.
Court of Appeals of Indiana | Memorandum Decision 34A04-1503-CR-88 | August 7, 2015 Page 3 of 5

fifty years, with thirty-five years executed and fifteen years to be served on 

probation. Dunn now appeals.

Discussion and Decision

[4] Dunn’s sole argument on appeal is that the sentence imposed by the trial court 

is inappropriate in light of the nature of the offense and his character. Indiana 

Appellate Rule 7(B) provides that this Court may revise a sentence if it is 

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

offender. We must “conduct [this] review with substantial deference and give 

‘due consideration’ to the trial court’s decision—since the ‘principal role of 

[our] review is to attempt to leaven the outliers,’ and not to achieve a perceived 

‘correct’ sentence . . . .” Knapp v. State, 9 N.E.3d 1274, 1292 (Ind. 2014) 

(quoting Chambers v. State, 989 N.E.2d 1257, 1259 (Ind. 2013)) (internal 

citations omitted).

[5] At the time Dunn committed the offense, a person who was convicted of a class 

A felony faced a sentence of twenty to fifty years, with an advisory term of 

thirty years. Ind. Code § 35-50-2-4.2 Dunn received a maximum term of fifty 

years, but fifteen of those years will be served on probation.

[6] As to the nature of the offense, Dunn went to an apartment and lay in wait for 

the person who lived there, intending to rob him. Dunn was armed with a gun. 

 

2

Indiana’s criminal code has since been amended, but the amendments have an effective date of July 1, 

2014. We apply the version of the statutes in effect at the time Dunn committed the offense.
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The result of this incident was the death of another person, which goes far

beyond what the State was required to prove to convict Dunn of attempted 

robbery resulting in serious bodily injury. After he shot Patmon, he fled and 

did not attempt to call for help. Dunn also received a considerable benefit from 

his guilty plea, in that multiple charges—including murder—were dismissed 

and the executed portion of the sentence was capped at thirty-five years. We do 

not find that the nature of the offense renders the sentence inappropriate.

[7] As for Dunn’s character, we note that he has been involved with the criminal 

justice system for more than half of his life. He has juvenile adjudications for, 

among other things, offenses that would have been conversion, resisting law 

enforcement, auto theft, possession of cocaine or narcotic drug, residential 

entry, illegal consumption of an alcoholic beverage, and intimidation had they 

been committed by an adult. As an adult, he has amassed two felony 

convictions. He has also violated probation multiple times. When he 

committed the instant offense, he was on probation for a 2009 class B felony 

dealing in cocaine conviction, and he had just been arrested on August 26, 

2013—three days before attempting to rob Ferguson—for resisting law 

enforcement. Dunn has had multiple opportunities to reform his behavior but 

has declined to do so. He shows continuing disrespect for the rule of law and 

his fellow citizens. In sum, we do not find that Dunn’s character renders the 

sentence inappropriate.
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[8] The judgment of the trial court is affirmed.

Bailey, J., and Mathias, J., concur.