Andrew C. Robinson v. State of Indiana (mem. dec.)
21A01-1706-CR-1229
| Ind. Ct. App. | Dec 7, 2017Background
- On Dec. 16, 2015, Andrew C. Robinson was charged with multiple counts including robbery (Level 2) and various other felonies/misdemeanors; the State alleged habitual-offender status.
- On Apr. 3, 2017, Robinson entered a written plea agreement: plead guilty to robbery (Level 2) and battery (Level 6); remaining counts and habitual enhancement dismissed.
- The plea agreement expressly waived Robinson’s right to appeal the resulting sentence so long as the sentence was within the terms of the plea agreement; it provided for open sentencing.
- At the plea hearing Robinson acknowledged signing, reading, and discussing the plea agreement and confirmed he understood he would waive the right to appeal by pleading guilty.
- At sentencing (May 5, 2017) the court imposed 30 years executed; the court then mistakenly told Robinson he had the right to appeal his sentence.
- Robinson appealed; the State argued Robinson waived his right to appeal under the written plea agreement. Robinson did not respond to the waiver argument on appeal.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Robinson) | Held |
|---|---|---|---|
| Whether Robinson waived his right to appeal his sentence by signing the plea agreement | The written plea agreement validly and knowingly waived Robinson’s appellate right; waiver bars the appeal | Robinson did not contest waiver on appeal and instead raised merits arguments | Waiver was valid and enforceable; appeal barred |
| Whether the trial court’s erroneous statement at sentencing that Robinson retained the right to appeal nullifies the written waiver | The court’s mistaken remark after acceptance of the plea does not overcome the knowing, voluntary written waiver | (Implied) Any confusion from the court’s remark could negate knowing waiver (Robinson did not press this) | Following Creech, an incorrect advisement at sentencing does not nullify an otherwise knowing, voluntary waiver |
Key Cases Cited
- Creech v. State, 887 N.E.2d 73 (Ind. 2008) (a knowing, voluntary written appellate waiver is enforceable despite confusing remarks at sentencing)
- Ricci v. State, 894 N.E.2d 1089 (Ind. Ct. App. 2008) (trial court’s incorrect advisement at sentencing does not undo a valid written waiver)
- Perez v. State, 866 N.E.2d 817 (Ind. Ct. App. 2007) (plea agreements are contractual in nature)
- Buchanan v. State, 956 N.E.2d 124 (Ind. Ct. App. 2011) (review for prima facie error when appellee’s waiver argument is unopposed)
- Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014) (reminder that courts should avoid confusing plea colloquies and counsel should correct the record)