MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 30 2020, 8:59 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Jason A. Flora Curtis T. Hill, Jr. Peter Robbins Attorney General of Indiana Flora Legal Group Taylor Carpenter Indianapolis, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Ines Garcia Perez, December 30, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-1396 v. Appeal from the Bartholomew Superior Court State of Indiana, The Honorable James D. Worton, Appellee-Plaintiff Judge Trial Court Cause No. 03D01-1907-F6-4179 Crone, Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CR-1396| December 30, 2020 Page 1 of 11 Case Summary [1] Ines Garcia Perez appeals the one-year suspended sentence imposed by the trial court following her guilty plea to level 6 felony identity deception, for which the trial court entered judgment of conviction as a class A misdemeanor pursuant to a plea agreement. She contends that the trial court abused its discretion during sentencing and that her sentence is inappropriate in light of the nature of the offense and her character. Finding no abuse of discretion and that she has not met her burden to demonstrate that her sentence is inappropriate, we affirm. Facts and Procedural History [2] On February 10, 2019, Maria Martinez reported to the Columbus Police Department that her identity information, including her date of birth and social security number, were being used without her consent for employment at Enkei American, Inc. (Enkei), in Columbus. Martinez provided authorities with the Internal Revenue Service paperwork to verify her report. The police contacted officials at Enkei and confirmed that an individual using Martinez’s identifying information was employed there. Enkei supplied police with the tax forms signed by the individual using the information. [3] Police used an employee photograph provided by Enkei to locate Perez, and she was taken into custody on June 26, 2019. Perez is a citizen of Mexico who has lived in the United States unlawfully since 2003. Perez admitted to police that she obtained Martinez’s birth date and social security number from an Court of Appeals of Indiana | Memorandum Decision 20A-CR-1396| December 30, 2020 Page 2 of 11 unknown person in Columbus who in turn helped her get a fraudulent Texas Department of Public Safety identity card with Martinez’s information. Perez admitted that she had worked at Enkei for four years using that information. [4] On July 23, 2019, the State charged Perez with one count of level 6 felony identity deception. On June 1, 2020, Perez pled guilty as charged. However, pursuant to the plea agreement, the State agreed that the judgment of conviction would be entered as a class A misdemeanor. 1 Sentencing was left to the trial court’s discretion. A sentencing hearing ...
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