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Date: 08-25-2020
Case Style:
Joanna Marie Allis-Rucker v. State of Indiana
Case Number: 20A-CR-518
Judge: Elaine B. Brown
Court: COURT OF APPEALS OF INDIANA
Plaintiff's Attorney: Curtis T. Hill, Jr.
Attorney General of Indiana
Steven Hosler
Deputy Attorney General
Defendant's Attorney:
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Call 888-853-4800 if you need a Criminal Defense Attorney in Indiana.
Description:
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[2] On May 3, 2019, Allis-Rucker possessed, with the intent to deliver,
methamphetamine having a weight of at least one gram but less than five
grams. Law enforcement discovered a lockbox in her possession containing
approximately 3.7 grams of methamphetamine. The State charged Allis-Rucker
with dealing in methamphetamine between one and five grams as a level 4
felony, unlawful possession of a syringe as a level 6 felony, and possession of a
narcotic drug as a level 6 felony. Allis-Rucker and the State entered into a plea
agreement pursuant to which she agreed to plead guilty to dealing in
methamphetamine as a level 4 felony and the State agreed to dismiss the
remaining counts.
[3] The court held a guilty plea hearing at which Allis-Rucker pled guilty pursuant
to the plea agreement. The court found the mitigating factors were that AllisRucker pled guilty and accepted responsibility for her actions, had mental
health issues, and had the support of her family. It indicated her sentence was
reduced by 180 days for recently obtaining her high school equivalency
diploma. It found the aggravating factors were her criminal history, that she
had eight petitions to revoke probation and was on probation at the time she
committed the offense, her substance abuse history, and her previous
unsuccessful attempts at rehabilitation. It also stated that she had a child
Court of Appeals of Indiana | Memorandum Decision 20A-CR-518 | August 24, 2020 Page 3 of 6
support arrearage. The court sentenced Allis-Rucker to eight and one-half years
with two years suspended to supervised probation with one and one-half years
of her executed sentence to be served in community corrections.
Discussion
[4] Allis-Rucker claims her sentence is inappropriate in light of the nature of the
offense and her character. She points to her guilty plea and her mental health
issues and argues the length of her sentence is an outlier. 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 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).
[5] Ind. Code § 35-50-2-5.5 provides that a person who commits a level 4 felony
shall be imprisoned for a fixed term of between two years and twelve years with
the advisory sentence being six years.
[6] Our review of the nature of the offense reveals that Allis-Rucker possessed, with
intent to deliver, methamphetamine having a weight of at least one gram but
less than five grams. The lockbox discovered in her possession contained
approximately 3.7 grams of methamphetamine.
[7] Our review of the character of the offender reveals that Allis-Rucker pled guilty
pursuant to a plea agreement and the agreement provided the other charges
Court of Appeals of Indiana | Memorandum Decision 20A-CR-518 | August 24, 2020 Page 4 of 6
against her would be dismissed. The presentence investigation report (“PSI”)
reveals, with respect to her mental health, that Allis-Rucker reported she was
diagnosed with bipolar disorder, anxiety, post-traumatic stress disorder,
attention deficit hyperactivity disorder, and depression through Wabash Valley
Hospital in 2011, and she has been prescribed Prozac and participated in
counseling at Wabash Valley. The PSI further reveals that Allis-Rucker
reported she began using drugs at the age of fourteen and last used drugs on
May 3, 2019. She admitted she used methamphetamine daily between the ages
of twenty-seven and thirty-three and used heroin every other day between the
ages of twenty-eight and thirty-three. Her record of substance abuse treatment
included court orders to complete alcohol/drug education programs though
court services in Tippecanoe County and White County in 2006, alcohol/drug
counseling through Wabash Valley Hospital in 2007, inpatient treatment for
three months at Recovery Matters in East Chicago in 2014, a resident program
at The Home with Hope in 2017, Sycamore Springs drug/alcohol counseling in
2017, and an alcohol/drug program through court services in June 2019. She
stated she committed the instant offense to support her drug habit.
[8] The PSI further reveals that Allis-Rucker, who was born in 1985, was
adjudicated delinquent as a juvenile for illegal possession of an alcoholic
beverage and theft. As an adult, she was convicted of conversion as a class A
misdemeanor and operating a vehicle with a BAC of .08 or more as a class C
misdemeanor in 2006; public intoxication, failure to stop after accident, and
disorderly conduct as class B misdemeanors in 2007; conversion as a class A
Court of Appeals of Indiana | Memorandum Decision 20A-CR-518 | August 24, 2020 Page 5 of 6
misdemeanor in 2011; operating a vehicle as an habitual traffic violator as a
class D felony and possession of marijuana or synthetic equivalent as a
misdemeanor in 2012; unlawful sale of a precursor as a class C felony in 2014;
two counts of unlawful possession of a syringe as level 6 felonies, operating a
vehicle while intoxicated as a class C misdemeanor, and possession of
methamphetamine as a level 6 felony in 2017; and leaving the scene of an
accident with bodily injury and theft as class A misdemeanors in 2019. The PSI
states Allis-Rucker has had eight petitions to revoke probation filed against her
which had been found true and she was on probation when she committed the
instant offense. The PSI also provides that Allis-Rucker’s overall risk
assessment score using the Indiana Risk Assessment System places her in the
high risk to reoffend category.
[9] After due consideration and in light of her criminal history, we conclude that
Allis-Rucker has not sustained her burden of establishing that her sentence is
inappropriate in light of the nature of the offense and her character.
1
1 To the extent Allis-Rucker argues the court abused its discretion in failing to give her guilty plea and mental
health issues the consideration they deserved, we need not address this issue because we find that her
sentence is not inappropriate. See Chappell v. State, 966 N.E.2d 124, 134 n.10 (Ind. Ct. App. 2012) (noting
that any error in failing to consider the defendant’s guilty plea as a mitigating factor is harmless if the
sentence is not inappropriate) (citing Windhorst v. State, 868 N.E.2d 504, 507 (Ind. 2007) (holding that, in the
absence of a proper sentencing order, Indiana appellate courts may either remand for resentencing or exercise
their authority to review the sentence pursuant to Ind. Appellate Rule 7(B)), reh’g denied; Mendoza v. State, 869
N.E.2d 546, 556 (Ind. Ct. App. 2007) (noting that, “even if the trial court is found to have abused its
discretion in the process it used to sentence the defendant, the error is harmless if the sentence imposed was
not inappropriate”), trans. denied), trans. denied. Even if we were to address Allis-Rucker’s abuse of discretion
argument, we would not find it persuasive in light of the record.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-518 | August 24, 2020 Page 6 of 6
Outcome: For the foregoing reasons, we affirm Allis-Rucker’s sentence
Plaintiff's Experts:
Defendant's Experts:
Comments: