Thomas v. State
Thomas v. State
Opinion of the Court
Defendant-Petitioner was charged by way of Information with two separate robberies, one a Class A felony and one a Class B felony. On July 14, 1981, Petitioner entered into a plea agreement in which he agreed to plead guilty in exchange for a reduction in charge to two Class B felonies, and a recommendation by the prosecutor that the sentences run concurrently. After separate guilty plea hearings, the trial court accepted the prosecutor's recommendation and sentenced Petitioner to serve fourteen (14) years for each felony, said sentences to run concurrently. Subsequently, Petitioner filed a Motion for Post-Conviction Relief which was denied. Petitioner now directly appeals this denial and raises the sole issue that the post-convietion relief court failed to follow statutory procedure in accepting Petitioner's guilty plea by not advising Petitioner of the possibility of consecutive sentences, the possible effect of prior convictions and that the trial court was not bound by the plea agreement.
In a proceeding for post-conviction relief the petitioner has the burden of establishing grounds for relief by a preponderance of the evidence. Ind.RP.C. 1 § 5. In reviewing a denial of post-conviction relief, we will not set aside the trial court's ruling unless the evidence is without conflict and leads solely to a result different from that reached by the trial court. Pharris v. State (1985), Ind., 485 N.E.2d 79. The controlling statute at the time the plea was entered into by Petitioner was Ind.Code § 35-4.1-1-3 (Burns 1979) [repealed by Acts 1981, P.L. 298 § 9(a), effective September 1, 1982, amended and recodified as Ind.Code § 35-35-1-2 (Burns Supp. 1985) ], which set out the advisements a trial court shall give a defendant before accepting a guilty plea. Petitioner contends he was not advised that the court could impose consecutive sentences, that his prior convictions could affect the sentencing, and that the trial court was not bound by the plea agreement. Accordingly, Petitioner argues he did not knowingly and voluntarily enter a plea of guilty to the two robbery charges.
Petitioner entered both pleas and was sentenced prior to our decision in German v. State (1981), Ind., 428 N.E.2d 234, requiring a trial court to explicitly advise the defendant of all the advisements contained in Ind.Code § 85-4.1-1-8. In Crocker v. State (1985), Ind., 475 N.E.2d 686, we held
The post-conviction court is in all things affirmed.
Reference
- Full Case Name
- Howard E. THOMAS, (Petitioner below) v. STATE of Indiana, (Respondent below)
- Status
- Published