Court of Appeals of Indiana | Memorandum Decision 15A04-1410-CR-512 | May 18, 2015 Page 1 of 4

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

Leanna Weissman

Lawrenceburg, Indiana

ATTORNEYS FOR APPELLEE

Gregory F. Zoeller

Attorney General of Indiana

Christina D. Pace

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Anthony Armacost,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

May 18, 2015

Court of Appeals Case No.

15A04-1410-CR-512

Appeal from the Dearborn Superior 

Court 2

The Honorable Sally A. 

Blankenship, Judge

Case No. 15D02-1206-FD-287

Vaidik, Chief Judge.

Case Summary

[1] Anthony Armacost appeals the two-and-one-half-year sentence imposed after 

he pled guilty to receiving stolen property. He specifically argues that his 
Court of Appeals of Indiana | Memorandum Decision 15A04-1410-CR-512 | May 18, 2015 Page 2 of 4

sentence is inappropriate. Based on Armacost’s extensive criminal history that 

spans fifteen years, we conclude that the sentence imposed in this case is not 

inappropriate.

Facts and Procedural History

[2] In September 2014, thirty-eight-year-old Armacost pled guilty to receiving 

stolen property as a Class D felony after he stole a gas weed trimmer in Ohio 

and sold it at a pawn shop in Indiana. At the sentencing hearing, the evidence 

revealed that Armacost has an extensive fifteen-year criminal history that 

includes seven prior felony convictions in Ohio and Kentucky for aggravated 

assault, driving under the influence, resisting arrest, trafficking in marijuana, 

breaking and entering, and two counts of theft. He also has misdemeanor 

convictions in Ohio for drug abuse, disorderly conduct, possession of cocaine, 

and resisting arrest. He has two probation violations and seven communitycorrections violations. Armacost committed theft, breaking and entering, and 

burglary in Ohio after committing the offense in this case. After hearing this 

evidence, the trial court sentenced Armacost to two-and-one-half years for Class 

D felony receiving stolen property. 

[3] Armacost appeals.

Discussion and Decision

[4] Armacost’s sole argument is that his two-and-one-half-year executed sentence is 

inappropriate. The Indiana Constitution authorizes independent appellate 
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review and revision of the trial court’s sentencing decision. Brown v. State, 10 

N.E.3d 1, 4 (Ind. 2014). We implement this authority through Indiana 

Appellate Rule 7(B), which provides that we may revise a sentence authorized 

by statute if, after due consideration of the trial court’s decision, we find the 

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

the offender. Id. Armacost bears the burden on appeal of showing us that his 

sentence is inappropriate. See Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 

2006).

[5] Here, concerning the nature of the offense, Armacost stole a gas weed trimmer 

in Ohio and sold it at an Indiana pawn shop. Although this offense is not 

particularly egregious, it is Armacost’s character that militates against any 

downward revision in his sentence.

[6] When considering the character of the offender, a relevant consideration is the 

defendant’s criminal history. Rutherford v. State, 866 N.E.2d 867, 874 (Ind. Ct. 

App. 2007) (explaining that even a minor criminal history reflects poorly on the

defendant’s character). The significance of a defendant’s prior criminal history

will vary based on the gravity, nature, and number of prior offenses as they 

relate to the current offense. Smith v. State, 889 N.E.2d 261, 263 (Ind. 2008). 

[7] Armacost has seven prior felony convictions, including two for theft and one 

for breaking and entering. He also has several misdemeanor convictions and 

probation violations as well as seven community-corrections violations. After 

committing the offense in this case, Armacost committed theft, breaking and 
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entering, and burglary in Ohio. Clearly, Armacost has not reformed his 

criminal behavior despite his numerous contacts with the criminal-justice 

system. See Abbott v. State, 961 N.E.2d 1016, 1020 (Ind. 2012). In light of the 

nature of the offense and his character, Armacost has failed to persuade us that 

his sentence is inappropriate.

[8] Affirmed.

Kirsch, J., and Bradford, J., concur.