MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Mar 18 2019, 10:21 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE James D. Crum Curtis T. Hill, Jr. Coots Henke & Wheeler, P.C. Attorney General of Indiana Carmel, Indiana Lauren A. Jacobsen Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Tito Aguilar Sanabria, March 18, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2105 v. Appeal from the Hamilton Superior Court State of Indiana, The Honorable Steven R. Nation, Appellee-Plaintiff. Judge Trial Court Cause No. 29D01-1704-F2-2786 Bradford, Judge. Court of Appeals of Indiana | Memorandum Decision 18A-CR-2105 | March 18, 2019 Page 1 of 6 Case Summary [1] In August of 2018, Tito Aguilar Sanabria pled guilty to Level 4 felony dealing in methamphetamine. After being arrested while transporting 141 grams of methamphetamine while his wife and child were in the car, the trial court sentenced him to eight years of incarceration. Sanabria challenges his sentence on appeal. We restate his contentions as whether (1) the trial court abused its discretion in finding his criminal history to be an aggravating factor, and (2) his sentence is inappropriate. We affirm. Facts and Procedural History [2] On April 19, 2018, Fishers Police Officer Greg Weesner stopped Sanabria’s vehicle for following another vehicle too closely and failing to properly signal three lane changes. Sanabria was driving with his wife in the passenger seat and his ten-year-old son in the backseat. Officer Weesner approached the vehicle and requested driver’s licenses from both adults. Sanabria and his wife produced international driver’s permits1. Officer Weesner observed that Sanabria and his wife both appeared nervous, and that the glove compartment 1 An international driver’s permit (IDP), often referred to incorrectly as an international driver’s license, is a document that translates a person’s home driver’s license into a different language so that they may drive legally in another country. International Driver Permits, DMV, https://www.dmv.org/international-driver- permits.php (last visited Feb. 28, 2019). In Indiana, travelers cannot use a foreign language driver’s license for identification purposes without an IDP. BMV, New Indiana Residents, IN.GOV, https://www.dmv.org/international-driver-permits.php (last visited Feb. 28, 2019). Court of Appeals of Indiana | Memorandum Decision 18A-CR-2105 | March 18, 2019 Page 2 of 6 contained a CD entitled Narcos Cultura, which, based on his training, Officer Weesner knew to glorify “the narcotic lifestyle[,]” and that many individuals who sell or transport narcotics listen to it. Appellant’s Vol. II p. 16. Sanabria complied with Officer Weesner’s request to exit the vehicle and to sit in the backseat of Officer Weesner’s police cruiser. Sanabria and his wife gave Officer Weesner conflicting stories about where they were going. Sanabria consented to a K9 sniff of the vehicle, which rendered a positive alert. Officers searched the vehicle ...
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