Buchanan v. State, 2011 Ind. App. LEXIS 1839

Buchanan charged with multiple counts of child molesting and related offenses; ultimately pled guilty to a lesser included offense of one count of child molesting as a class B felony with other charges dismissed.
Plea agreement required that Buchanan’s sentence reflect credit-restricted status under Indiana law and that he knowingly waive appellate rights under Rule 7(B) and the weighing of aggravators/mitigators.
The court accepted the plea, found cited facts support, and ordered credit-restricted status with time-credit adjustments at sentencing.
At sentencing, the court treated the victim’s age as an aggravating factor and noted several aggravators and one mitigating factor; Buchanan was sentenced to 14 years with credit-restricted status and specified days of credit.
The State urged waiver of appeal under the plea; the court and parties proceeded under that framework, with the case appealing primarily the credit-time calculation and specific aggravating factors.
The Indiana Court of Appeals held that Buchanan’s credit-time issue was not waived and was directly appealable, affirmed the sentence, and discussed statutory provisions governing credit-restricted felons and prerogatives of the Department of Corrections.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Credit-time calculation under credit-restricted status	Buchanan was not a credit-restricted felon at the time of offenses; argued 589 days of good time should apply.	Court misapplied credit rules; should reflect actual definitions and Class IV assignment.	Credit time properly calculated as Class IV; appeal on credit time affirmed.
Age of victim as aggravator and waiver under plea	Age of five is an aggravating factor; not waived by plea.	Waived under plea agreement; Rule 7(B) challenge barred.	Waiver applicable for 7(B) challenges; issue resolved in favor of the State on waiver; age considered as aggravator may be permitted but issue waived.
Waiver of appellate challenges under plea agreement	Plea waived rights to challenge sentence including aggravators and credit.	Waiver valid under Creech v. State and record shows knowing, voluntary waiver.	Waiver valid; key issues limited to credit calculation and direct appeal viability.
Courtesy review of sentence under Rule 7(B) and overall reasonableness	Court abused discretion in weighing aggravators/mitigators and nature of offense.	Aggravators outweighed mitigators; sentence within court’s discretion.	Sentence affirmed; no reversal on 7(B) grounds.

Creech v. State, 887 N.E.2d 73 (Ind. 2008) (defendant may waive appellate review of sentence in plea agreement if knowingly and voluntarily made)
Robinson v. State, 805 N.E.2d 783 (Ind. 2004) (credit time since sentencing is subject to DOC modification and begins at sentencing)