970 N.E.2d 791
Ind. Ct. App.2012Background
- Brown pled guilty to two counts of child molesting as Class B felonies, with other counts dismissed.
- The plea agreement includes waivers of the right to appeal the sentence if sentencing stays within the plea terms, and a range-based reasonableness provision.
- Paragraph 12 and 14 (and Recurring Paragraph 16) set forth the waiver and the court’s sentencing discretion within the agreed range.
- At the plea hearing, the court and counsel confirmed Brown understood and agreed to waive the right to direct appeal as long as sentence stayed within the agreed range.
- The trial court sentenced Brown to two twenty-year concurrent terms with four years suspended to probation, within the plea terms.
- The issue is whether the waiver of the right to direct appeal was knowingly and voluntarily made.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown knowingly and voluntarily waived the right to a direct appeal | Brown | State | Yes; waiver valid and knowing |
Key Cases Cited
- Creech v. State, 887 N.E.2d 73 (Ind.2008) (waiver valid though not orally advised by court)
- Bowling v. State, 960 N.E.2d 837 (Ind.Ct.App.2012) (waiver effective when contained in written advisement, not plea)
- Holloway v. State, 950 N.E.2d 803 (Ind.Ct.App.2011) (trial court errors in advising, waivers not knowing/voluntary)
- Bonilla v. State, 907 N.E.2d 586 (Ind.Ct.App.2009) (waivers signed; trial court errored in advising)
- Ricci v. State, 894 N.E.2d 1089 (Ind.Ct.App.2008) (waivers signed; issues of advising)