Bryan P. Stone v. State of Indiana
2015 Ind. App. LEXIS 148
| Ind. Ct. App. | 2015Background
- In April–May 2012, Bryan P. Stone delivered cocaine on four occasions and was later charged with four counts of Dealing in Cocaine (Class A felonies) and alleged to be a Habitual Substance Offender.
- On April 25, 2014, Stone and the State entered a plea agreement: Stone would plead guilty to four Class B felony counts, the State would dismiss the Class A charges and HSO enhancement, and recommend concurrent 20-year sentences with 15 years executed (two years to be in-home detention) and 5 years suspended to probation.
- At the April 25 hearing the court accepted the plea agreement, entered judgments of conviction on the Class B counts, and ordered a presentencing investigation.
- Stone failed to appear for a presentencing investigation meeting; at a July 2 hearing the trial court sua sponte announced it was rejecting the plea agreement, reinstated Stone’s not-guilty plea, and scheduled a jury trial without stating a reason.
- Stone objected; defense counsel later explained the missed meeting was a counsel communication error and the investigation was completed. The court nonetheless reaffirmed rescission.
- A bifurcated jury trial in Sept. 2014 resulted in convictions on four Class A felony dealing counts and a finding that Stone was a Habitual Substance Offender; Stone was sentenced to an aggregate term of 45 years. He appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could rescind a plea agreement after accepting it and entering judgment | The State: the court could rescind due to Stone’s failure to appear for the presentencing investigation and resulting circumstances indicating the plea was a sham | Stone: once the court accepted the plea and entered judgments, it was bound by the agreement and lacked authority to vacate it absent an express breach or claim of innocence | The court reversed: trial court abused its discretion; it could not rescind the accepted plea and vacate convictions where Stone committed no breach and did not claim actual innocence |
Key Cases Cited
- Reffett v. State, 571 N.E.2d 1227 (Ind. 1991) (once court accepts plea agreement it is bound by its terms)
- Kline v. State, 875 N.E.2d 435 (Ind. Ct. App. 2007) (accepted plea agreements generally cannot be revoked)
- Roark v. State, 829 N.E.2d 1078 (Ind. Ct. App. 2005) (same principle limiting trial-court rescission)
- Benson v. State, 780 N.E.2d 413 (Ind. Ct. App. 2002) (court-bound nature of accepted plea agreements)
- Lee v. State, 652 N.E.2d 113 (Ind. Ct. App. 1995) (precedent restricting post-acceptance withdrawal of pleas)
- Steele v. State, 638 N.E.2d 1338 (Ind. Ct. App. 1994) (same)
- Beech v. State, 702 N.E.2d 1132 (Ind. Ct. App. 1998) (trial court may rescind plea where defendant asserts actual innocence at sentencing)
- Campbell v. State, 17 N.E.3d 1021 (Ind. Ct. App. 2014) (plea may be rescinded when defendant violates an express term of the agreement)