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Dimanione Lovelace v. State of Indiana - Criminal Appeal

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Filed February 27th, 2026
Detected March 2nd, 2026
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Summary

The Indiana Court of Appeals affirmed the conviction of Dimanione Lovelace for felony murder and conspiracy to commit robbery. The court found no error in the trial court's decisions regarding venue, sufficiency of evidence for a firearm enhancement, sentencing discretion, or the appropriateness of the sentence.

What changed

The Indiana Court of Appeals has affirmed the conviction and sentence of Dimanione Lovelace, who was found guilty of felony murder and conspiracy to commit robbery. Lovelace appealed the trial court's decision, arguing errors in venue transfer, insufficient evidence for a firearm enhancement, abuse of discretion in sentencing, and an inappropriate sentence. The appellate court reviewed these claims and found no grounds for reversal.

This decision represents a final ruling on the appeal. For legal professionals and criminal defendants involved in similar cases, this opinion may serve as precedent regarding the legal standards applied to venue, firearm enhancements, and sentencing discretion in Indiana. No new compliance actions are required for regulated entities, as this is a specific case outcome.

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Feb. 27, 2026 Get Citation Alerts Download PDF Add Note

Dimanione Lovelace v. State of Indiana

Indiana Court of Appeals

Disposition

Affirmed

Combined Opinion

                        by [Cale J. Bradford](https://www.courtlistener.com/person/7257/cale-j-bradford/)

IN THE

Court of Appeals of Indiana
FILED
Dimanione Lovelace, Feb 27 2026, 9:16 am

CLERK
Appellant-Defendant Indiana Supreme Court
Court of Appeals
and Tax Court

v.

State of Indiana,
Appellee-Plaintiff

February 27, 2026
Court of Appeals Case No.
25A-CR-1353
Appeal from the Tippecanoe Superior Court
The Honorable Randy J. Williams, Judge
Trial Court Cause No.
79D01-2304-MR-3

Opinion by Judge Bradford

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 1 of 18
Judges Pyle and Kenworthy concur.

Bradford, Judge.

Case Summary
[1] Dimanione Lovelace was charged with several offenses after participating in a

string of robberies which ultimately ended with the murder of Anthony

Holdbrook. The trial court found Lovelace guilty of felony murder, Level 5

felony conspiracy to commit robbery against Pharrell Petty, and Level 5 felony

conspiracy to commit robbery against Tayshawn Anderson and imposed a

firearm enhancement. The trial court imposed an aggregate sentence of

seventy-two years of incarceration, with eight years suspended to probation.

[2] Lovelace contends that the trial court erred in failing to transfer the alleged

offenses which had occurred in Howard County and Grant County to their

respective counties. He also contends that the evidence was insufficient to

support the firearm enhancement, the trial court abused its discretion in

sentencing him, and his sentence was inappropriate based on the nature of the

offense and his character. We affirm.

Facts and Procedural History
[3] On January 1, 2023, while Shae Martin and Bailey Hensley were “hanging

out[,]” Hensley received a message from Lovelace or Amarion Alsup requesting

a ride in exchange for gas money. Tr. Vol. II p. 189. Hensley and Martin

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 2 of 18
drove to an apartment complex and picked up Lovelace, Alsup, and Corahn

Browner. Lovelace had two firearms in his possession, and Alsup had at least

one.

[4] Alsup directed Hensley to drive them to Kokomo Manor Apartments in

Kokomo. Alsup intended “to rob” Petty at Kokomo Manor and had been

texting Petty about a firearms transaction. Tr. Vol. II p. 80. When they arrived

at Petty’s location, Petty “c[a]me up to the car” with a firearm, Alsup said, “let

me see it[,]” and Alsup and Lovelace directed Hensley to “pull off.” Tr. Vol. II

pp. 81–82, 148. Hensley began driving away with Petty “still hanging onto the

side of [the] car,” and he was dragged with the vehicle until he let go. Tr. Vol.

II p. 149.

[5] Hensley and Martin dropped off the three men at Lovelace’s grandfather’s

house. Later, Alsup messaged Hensley again about another ride for gas money.

Hensley and Martin picked the men up from Lovelace’s grandfather’s house,

made a few stops, and drove to Marion to meet with Anderson for another

firearm transaction. Alsup sat in the front passenger seat while Lovelace,

Martin, and Browner sat in the back seat. Alsup and Lovelace were discussing

that they were “going to basically take the money from” Anderson. Tr. Vol. II

p. 184.

[6] At Anderson’s apartment complex in Marion, Anderson came outside to the

car, provided Alsup with money, partially in cash, for the weapon, and Alsup

again instructed Hensley to drive without giving Anderson the weapon.

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 3 of 18
Hensley then dropped the men off, and Alsup later asked Hensley to drive them

to Lafayette. Hensley picked the men up in Kokomo and began driving to

Lafayette.

[7] Alsup had been texting Holdbrook “all day” about a firearms transaction and

arranged to meet Holdbrook in Lafayette. Tr. Vol. II p. 84. At some point into

the drive, Hensley stopped for gas, and Lovelace drove the rest of the way to

Lafayette. When they arrived, Hensley returned to the driver’s seat, Alsup sat

in the front passenger seat, and Lovelace sat in the back passenger seat. The

men referred to what was going to happen as “a play” which Martin

understood to mean “robbing people.” Tr. Vol. II p. 204.

[8] Holdbrook walked out to the vehicle. Both Alsup and Lovelace had firearms in

their hands. Lovelace indicated that they were not selling an ammunition

magazine attached to one of the firearms, and after Alsup removed the

magazine attached to the firearm and handed it to Lovelace, Lovelace

attempted to take the firearm that Holdbrook was holding. Someone said,

“nah, don’t do that” and two shots were fired. Tr. Vol. II p. 164. After the two

gunshots, Hensley “took off” and Alsup “reached out the window and shot his

gun.” Tr. Vol. II p. 164. Both Alsup and Lovelace admitted to shooting.

Lovelace “said he d[idn’t] know if he’s the one who killed him or, and then

[Alsup] was like, I think I did because when I shot the gun he fell down.” Tr.

Vol. II p. 165.

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 4 of 18
[9] On April 13, 2023, the State charged Lovelace with Count I, felony murder;

Count II, felony murder; Count III, Level 2 felony conspiracy to commit

robbery resulting in serious bodily injury; Count IV, Level 2 felony attempted

robbery resulting in serious bodily injury; Count V, Class A misdemeanor

attempted theft; Count VI, Level 5 felony conspiracy to commit robbery; Count

VII, Level 5 felony robbery; Count VIII, Class A misdemeanor theft; Count IX,

Level 5 felony conspiracy to commit robbery; Count X, Level 5 felony robbery;

Count XI, Class A misdemeanor theft; Count XII, Class A misdemeanor

unlawful carrying of a handgun; and an enhancement for unlawful use of a

firearm during the commission of Counts I and II.

[10] A bench trial commenced in Tippecanoe County on March 4, 2025. The State

moved to dismiss Count XII, which motion the trial court granted. At the close

of trial, Lovelace argued:

With respect to count[s] six through [eleven], they all relate to
Grant and Howard County. If the court would, we can brief this.
[…] Venue is not an element of the crime, but it must be
established by preponderance of the evidence. […] We have
absolutely several hours, several hours between event one, event
two, event three here in Tippecanoe County. The counties are
not contiguous to one another.

Tr. Vol. III p. 23. Lovelace and the State further briefed this issue, and others,

after trial.

[11] After vacating several convictions, the trial court found Lovelace guilty of:

Count I, felony murder; Count VI, Level 5 felony conspiracy to commit

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 5 of 18
robbery; and Count IX, Level 5 felony conspiracy to commit robbery and

imposed the firearm sentencing enhancement. On May 28, 2025, the trial court

imposed consecutive sentences of fifty-six years for Count I, three years for

Count VI, four years for Count IX, and nine years for the firearm sentencing

enhancement. The trial court suspended one year of the sentence for Count I

and suspended the sentences for Counts VI and IX, resulting in an aggregate

sentence of seventy-two years of incarceration, with eight years suspended to

probation.

Discussion and Decision
I. Venue
[12] Lovelace contends that the trial court “erred in failing to transfer the offenses in

Howard County and Grant County to their respective counties.” Appellant’s

Br. p. 19. Article 1, section 13 of the Indiana Constitution provides that, “[i]n

all criminal prosecutions, the accused shall have the right to a public trial, by an

impartial jury, in the county in which the offense shall have been committed[.]”

Venue is typically “an issue for determination by the [fact-finder].” Alkhalidi v.

State, 753 N.E.2d 625, 628 (Ind. 2001) (citation omitted). Furthermore,

“[v]enue is not an element of the offense. Accordingly, although the State is

required to prove venue, it may be established by a preponderance of the

evidence and need not be proved beyond a reasonable doubt.” Id. (citation

omitted). The State’s burden of establishing venue is met if “the facts and

circumstances permit the trier of fact to infer that the crime occurred in the

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 6 of 18
given county.” Perry v. State, 78 N.E.3d 1, 11 (Ind. Ct. App. 2017) (citation

omitted).

[13] The standard of review for a claim that the evidence was insufficient to prove

venue is the same as for other claims of insufficient evidence. Neff v. State, 915

N.E.2d 1026, 1032 (Ind. Ct. App. 2009) (citation omitted), trans. denied. “[W]e

do not weigh the evidence nor resolve questions of credibility, but look to the

evidence and reasonable inferences therefrom which support the conclusion of

requisite venue.” Id. (quotation and citation omitted). Lovelace does not

dispute that the offenses charged involving Holdbrook occurred in Tippecanoe

County. Instead, he contends that nothing in his case “demonstrates that the

robbery in Howard County, or Grant County, continued into Tippecanoe

County.” Appellant’s Br. p. 21.

[14] “Venue is not limited to the place where the defendant acted.” Neff, 915 N.E.2d

at 1033 (quotation and citation omitted). “If all charges are integrally related—

in other words, if one thing led to another—then the crimes may be considered

a single chain of events for purposes of venue.” Abran v. State, 825 N.E.2d 384,

392 (Ind. Ct. App. 2005) (citation omitted), trans. denied. The facts and

circumstances in this case show that the robberies and murder were part of one

continuous chain of events that were integrally related. See Dudley v. State, 480

N.E.2d 881, 893 (Ind. 1985) (citation omitted) (providing that “cases have

shown that when the various acts which comprise the crime are part of a ‘single

chain of events,’ the charge may be brought in the county where the acts began

or ended” and concluding that criminal recklessness based on appellants’ acts of

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 7 of 18
exacting escape from robbery was “clearly integrally related to the robbery”),

reversed and remand on habeas corpus review on other grounds by Dudley v. Duckworth,

854 F.2d 967, 972 (7th Cir. 1988), cert. denied.

[15] Here, Alsup, Lovelace, and their companions committed a spree of robberies,

one robbery after another; Alsup had been texting Holdbrook “all day” about a

firearms transaction and arranged to meet Holdbrook in Lafayette, and the

group brought the gun taken from Petty in Kokomo to Lafayette when they met

with Holdbrook. Tr. Vol. II p. 84. Furthermore, the robberies of Petty and

Anderson were committed on the same day, relatively close in time and in the

same manner, all the way until Holdbrook’s murder in Lafayette. That is,

Alsup had been messaging Petty and Anderson to arrange for a firearms

transaction just as he had been messaging Holdbrook. The same group drove to

each robbery victim, waited until each victim came to the vehicle for the

transactions, and robbed them, and in Holdbrook’s case, attempted to rob and

ultimately killed him, and drove off. Lovelace’s conspiracies to rob Petty and

Anderson were committed in a chain of criminal conduct that was integrally

related to the murder of Holdbrook. That Lovelace could have been tried in

Grant or Howard County for the conspiracies is irrelevant.

[16] We conclude that the trial court did not err in its determination that the State

had satisfied its burden to prove that venue was proper in Tippecanoe County

for all of Lovelace’s offenses. See, e.g., French v. State, 266 Ind. 276, 362 N.E.2d

834, 839 (1977) (providing that a robbery of a grocery store, abduction, sexual

attack, and murder were “all integrally related” and, “for purposes of venue,

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 8 of 18
may be considered a single chain of events”); Sells v. State, 130 N.E.3d 1158,

1165 (Ind. Ct. App. 2019), (concluding that venue was proper in Franklin

County where “Sells’ delivery of methamphetamine to Craig was part of a

single chain of events intended to culminate in the delivery of the

methamphetamine to Wagner, and in performing those acts Craig drove

through Franklin County”), trans. denied; Andrews v. State, 529 N.E.2d 360, 364

(Ind. Ct. App. 1988) (concluding that venue was proper in Noble County where

defendant’s actions in telling his daughter that he planned to give her a birthday

present the next day, and in driving her the following day “to a secluded locale,

where they had intercourse, comprise[d] a single chain of events. The

conversation that occurred in Noble County between Andrews and the victim

was integrally related to the incest that occurred the next day in Whitley

County”), trans. denied. Because we conclude that the State satisfied its burden

to prove that venue was proper in Tippecanoe County for Lovelace’s

convictions, we do not reach the issues presented related to the admission of

evidence of Counts VI and IX.

II. Firearm Enhancement
[17] Lovelace contends that the evidence was insufficient to support the firearm

enhancement. Review of the sufficiency of the evidence to support a sentencing

enhancement is the same as review of the evidence to sustain a conviction. See

Cooper v. State, 940 N.E.2d 1210, 1213 (Ind. Ct. App. 2011), trans. denied. “[W]e

neither reweigh the evidence nor assess witness credibility, and will focus on the

evidence most favorable to the verdict together with the reasonable inferences

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 9 of 18
that may be drawn therefrom. We will affirm unless no reasonable factfinder

could find the elements of the crime proved beyond a reasonable doubt.” Id.

(citation omitted).

[18] Pursuant to the firearm enhancement statute, the State is permitted to seek “an

additional fixed term of imprisonment” if it “can show beyond a reasonable

doubt that the person knowingly or intentionally used a firearm in the

commission of the offense.” Ind. Code § 35-50-2-11 (d). Under the statute, an

“offense” includes “a felony under IC 35-42 that resulted in death or serious

bodily injury[.]” Ind. Code § 35-50-2-11 (b)(1).

[19] Here, the evidence was sufficient to show that Lovelace used a firearm during

the attempted robbery and murder of Holdbrook. While Lovelace suggests that

he was merely in “possession” of the firearm during the offenses involving

Holdbrook, Appellant’s Br. p. 28, the evidence shows otherwise. When

Holdbrook approached the vehicle, Lovelace had a firearm in his hands.

Lovelace attempted to take the firearm that Holdbrook was holding, and two

shots were fired. Both Hensley and Martin testified that, immediately after the

incident, Lovelace admitted that he had fired a shot. Lovelace even “said he

d[idn’t] know if he’s the one who killed him[.]” Tr. Vol. II p. 165. Based on

the foregoing, we conclude that the evidence was sufficient to prove that

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 10 of 18
Lovelace used a firearm during the commission of the offenses involving

Holdbrook.1

III. Sentencing—Abuse of Discretion
[20] Lovelace contends that the trial court abused its discretion in sentencing him.

Sentencing decisions rest within the sound discretion of the trial court and are

reviewed on appeal only for abuse of discretion. Anglemyer v. State, 868 N.E.2d

482, 490 (Ind. 2007), modified on other grounds on reh’g, 875 N.E.2d 218 (Ind.

2007). “An abuse of discretion occurs if the decision is clearly against the logic

and effect of the facts and circumstances before the court, or the reasonable,

probable, and actual deductions to be drawn therefrom.” Id. (quotation

omitted).

[21] We review for an abuse of discretion the court’s finding of
aggravators and mitigators to justify a sentence, but we cannot
review the relative weight assigned to those factors. When
reviewing the aggravating and mitigating circumstances
identified by the trial court in its sentencing statement, we will
remand only if the record does not support the reasons, or the
sentencing statement omits reasons that are clearly supported by

1
To the extent that Lovelace contends that he is “ineligible for the use of a firearm sentencing enhancement
because accessory liability does not apply to a sentencing enhancement[,]” Appellant’s Br. p. 27, he is
misguided. We have previously concluded that an accomplice’s crime can be enhanced by the firearm
enhancement. See, e.g., Parker v. State, 754 N.E.2d 614, 619 (Ind. Ct. App. 2001) (“We find Parker’s admitted
participation in the [robbery] in the form of providing the handgun was sufficient to constitute the use of a
firearm in the commission of the offense. The fact that Parker was not the actual shooter is irrelevant under
this statute.”). Nevertheless, the evidence is more than sufficient to prove that Lovelace actually shot his
firearm during the attempted robbery and the murder of Holdbrook, therefore, supporting the imposition of
the firearm enhancement pursuant to Indiana Code section 35-50-2-11(d).

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 11 of 18
the record, and advanced for consideration, or the reasons given
are improper as a matter of law.

Baumholser v. State, 62 N.E.3d 411, 416 (Ind. Ct. App. 2016) (internal citation

and quotation omitted), trans. denied. “A single aggravating circumstance may

be sufficient to enhance a sentence.” Id. at 417. Lovelace argues that the trial

court improperly considered as an aggravating circumstance that “the harm,

injury, loss, or damage[] was substantial and greater than the elements

necessary to prove the commission of the offense.” Appellant’s App. Vol. II p.

28.

[22] The trial court’s corrected sentencing order provides as follows:

The Court finds as aggravating factors [Lovelace’s] juvenile and
adult criminal history; repeated firearms offenses; on bond at the
time of the commission of the instant offense; placed in
segregation at the Tippecanoe County Jail; substance abuse
history; previous attempts at rehabilitation have failed; and the
harm, injury, loss, or damaged was substantial and greater than
the elements necessary to prove the commission of the offense.

Appellant’s App. Vol. II p. 28.

[23] “[W]hen a defendant challenges some, but not all, of the aggravating

circumstances found by the trial court, we will not remand for resentencing if

we can say with confidence the trial court would have imposed the same

sentence had it not considered the purportedly erroneous aggravators.” Owen v.

State, 210 N.E.3d 256, 269 (Ind. 2023).

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 12 of 18
[24] Here, the trial court identified multiple aggravating circumstances that Lovelace

does not challenge, including Lovelace’s history of criminal and delinquent

behavior, commission of the instant offense while on pretrial release in another

case, misconduct while in jail, and history of illegal drug use. Given these

undisputed aggravating circumstances, we are convinced that the trial court

would have imposed the same sentence for each of Lovelace’s convictions and

the firearm enhancement even if it had omitted the circumstance that Lovelace

challenges. Any error in listing the “harm, injury, loss, or damage” of the

offense was harmless in light of the other, unchallenged aggravating

circumstances that the trial court identified. See McDonald v. State, 868 N.E.2d

1111, 1114 (Ind. 2007) (providing that “even if the trial court had erred in

identifying the foregoing factors as aggravators, McDonald would not be

entitled to remand for resentencing […] because McDonald does not challenge

the remaining aggravating factors”).

[25] Lovelace further alleges that the trial court should have found as a mitigating

circumstance that he was eighteen years old at the time of the instant offenses.

In making his claim, Lovelace acknowledges that age is not a statutory

mitigating circumstance but argues that it should have been a “substantial

mitigating circumstance” here. Appellant’s Br. p. 34. “[Y]outh is not

automatically a significant mitigating circumstance. Rather, whether a

defendant’s youth is a significant mitigating factor is within the trial court’s

discretion. Moreover, if the trial court does not find youth to be a mitigator, it

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 13 of 18
is under no obligation to explain its reasoning.” Sanders v. State, 71 N.E.3d 839,

843 (Ind. Ct. App. 2017) (quotation and citations omitted), trans. denied.

[26] With respect to Lovelace’s age as a mitigating circumstance, during the

sentencing hearing, the trial court stated, “It’s hard for me to point to age.

We’re not talking about a fight over a ball game.[…] That’s not what we’re

talking about youth. I just can’t, it saddens me, but I just can’t see it.” Tr. Vol.

III p. 57. The trial court did not overlook Lovelace’s age when making its

sentencing decision, but rather specifically declined to find his age to be a

mitigating circumstance. Upon review, we observe, as the trial court did, that

Lovelace had had multiple contacts with the legal system before the instant

offenses and had not been deterred from engaging in criminal behavior.

Lovelace was also not so young as to require the trial court to find his age

significantly mitigating. See, e.g., Monegan v. State, 756 N.E.2d 499, 504 (Ind.

2001) (finding no error in the trial court’s decision to attach “little weight” to

Monegan’s age, which was “less than forty days from his eighteenth

birthday.”).

[27] Again, we are confident that the trial court would have imposed the same

sentence for each of Lovelace’s convictions and firearm enhancement even if it

had considered his age to be a significant mitigating circumstance. As such, we

conclude that the trial court did not abuse its discretion in declining to find

Lovelace’s age to be mitigating.

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 14 of 18
IV. Sentencing—Appropriateness
[28] Lovelace further contends that his sentence was inappropriate given the nature

of his offenses and his character. The sentencing range for Lovelace’s murder

conviction was forty-five to sixty-five years, with an advisory sentence of fifty-

five years. Ind. Code § 35-50-2-3 (a). The sentencing range for each of

Lovelace’s Level 5 felonies was one to six years, with the advisory sentence

being three years. Ind. Code § 35-50-2-6 (b). The sentencing range for the

firearm enhancement was five to twenty years. Ind. Code § 35-50-2-11 (g).

[29] The trial court imposed consecutive sentences of fifty-six years for Lovelace’s

murder conviction, three years for Count VI, four years for Count IX, and nine

years for the firearm enhancement. Therefore, the trial court imposed the

advisory sentence for Count VI, a sentence only one year above the advisory

sentence for the murder conviction and only one year above the advisory

sentence for Count IX, and well below the maximum for the firearm

enhancement. Furthermore, the trial court suspended one year of the sentence

for Count I and suspended the sentences for Counts VI and IX, resulting in an

aggregate sentence of seventy-two years of incarceration, with eight years

suspended to probation. As a result, Lovelace received a sentence that was well

below the maximum ninety-seven-year sentence.

[30] Indiana Appellate Rule 7(B) provides that “[t]he Court may revise a sentence

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

Court finds that the sentence is inappropriate in light of the nature of the offense

and the character of the offender.” In analyzing such claims, we “concentrate
Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 15 of 18
less on comparing the facts of [the case at issue] to others, whether real or

hypothetical, and more on focusing on the nature, extent, and depravity of the

offense for which the defendant is being sentenced, and what it reveals about

the defendant’s character.” Paul v. State, 888 N.E.2d 818, 825 (Ind. Ct. App.

2008) (quotation omitted), trans. denied. The defendant bears the burden of

persuading us that his sentence is inappropriate. Sanchez v. State, 891 N.E.2d

174, 176 (Ind. Ct. App. 2008).

[31] The nature of the offense is “found in the details and circumstances of the

commission of the offenses and the defendant’s participation.” Croy v. State,

953 N.E.2d 660, 664 (Ind. Ct. App. 2011). Furthermore, “we focus on the

forest—the aggregate sentence—rather than the trees—consecutive or

concurrent, number of counts, or length of the sentence on any individual

count.” Norton v. State, 235 N.E.3d 1285, 1291 (Ind. Ct. App. 2024) (quotation

and citation omitted). Here, Lovelace was involved in a string of robberies, the

last of which resulted in the shooting death of the victim. Afterward, Lovelace

rendered no assistance to Holdbrook, and instead, took part in social-media

videos in which he flaunted firearms. Nothing in the details or circumstances of

these offenses, or Lovelace’s participation in them, paints the nature of the

offenses positively.

[32] Lovelace further contends that his character did not warrant the imposition of

his sentence. We note that “[t]he character of the offender is found in what we

learn of the offender’s life and conduct.” Croy, 953 N.E.2d at 664. Initially, we

note that Lovelace began consuming marijuana and alcohol at fourteen years

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 16 of 18
old. “A court may consider evidence that a defendant committed crimes at an

earlier date as support for a finding that the defendant has a history of criminal

activity, even if those acts were not reduced to judgment.” Bailey v. State, 763

N.E.2d 998, 1004 (Ind. 2002).

[33] Lovelace contends that his criminal history contains “no evidence of violent

felonies.” Appellant’s Br. p. 37. We nonetheless agree with the State that

Lovelace’s criminal history reflects poorly on his character. See Madden v. State,

162 N.E.3d 549, 564 (Ind. Ct. App. 2021) (“A defendant’s criminal history is

one relevant factor in analyzing his or her character”). Lovelace had prior

adjudications for resisting law enforcement, possession of a controlled

substance, and theft. See McCray v. State, 823 N.E.2d 740, 745 (Ind. Ct. App.

2005) (providing that “acts committed by a juvenile that would constitute a

criminal offense if committed by an adult may be used to support an enhanced

sentence”). Furthermore, prior to the instant offenses, Lovelace had been

arrested for Level 5 felony intimidation, Level 6 felony pointing a firearm, and

Class A misdemeanor carrying a handgun without a license. After he was

released on bond, Lovelace committed the instant offenses and was later

convicted of Level 6 felony pointing a firearm in the prior case.

[34] Lovelace’s record reflects a pattern of criminal activity culminating in the

commission of multiple felonies, including felony murder. Moreover, while

Lovelace was in the Tippecanoe County Jail for the instant offenses, he was

charged with multiple violations. Based on the foregoing, Lovelace has failed

to convince us that his character did not warrant the imposition of his sentence,

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 17 of 18
and, therefore, has failed to convince us that his sentence is inappropriate. See

Sanchez, 891 N.E.2d at 176.

[35] We affirm the judgment of the trial court.

Pyle, J., and Kenworthy, J., concur.

ATTORNEY FOR APPELLANT
Bruce W. Graham
Graham Law Firm P.C.
Lafayette, Indiana

ATTORNEYS FOR APPELLEE
Theodore E. Rokita
Attorney General of Indiana
George P. Sherman
Supervising Deputy Attorney General
Indianapolis, Indiana

Court of Appeals of Indiana | Opinion 25A-CR-1353 | February 27, 2026 Page 18 of 18

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Federal and State Courts
Filed
February 27th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor

Who this affects

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Geographic scope
National (US)

Taxonomy

Primary area
Criminal Justice
Operational domain
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Topics
Appeals Sentencing Robbery

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