Curtis A. Bethea v. State of Indiana
983 N.E.2d 1134
| Ind. | 2013Background
- Bethea pleaded guilty to two counts of class B felonies; seven counts were dismissed under the plea agreement.
- The trial court sentenced Bethea to the maximum twenty years on each count, to be served consecutively for a 40-year aggregate sentence.
- The court considered multiple aggravators, including Bethea’s prior Virginia and New York convictions and the use of a juvenile in the crime, among others.
- Bethea argued the injury to victims was an element of a dismissed charge and thus could not support an aggravating factor.
- Appellate and post-conviction proceedings challenged whether appellate counsel 및 trial counsel provided ineffective assistance regarding the aggravating factors.
- Indiana Supreme Court held Hammons does not apply to guilty-plea cases and that the plea agreement allowed consideration of related facts as aggravators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May injury be used as an aggravator if it was an element of a dismissed charge? | Bethea | State | Aggravation proper; Hammons does not apply to guilty pleas |
| Was appellate counsel ineffective for failing to challenge aggravators? | Bethea | State | Not prejudicial; no ineffective assistance |
| Does a plea agreement limit sentencing evidence the court may consider? | Bethea | State | Plea does not bar consideration of related aggravating facts |
Key Cases Cited
- Hammons v. State, 493 N.E.2d 1250 (Ind. 1986) (established Hammons line about using elements of dismissed charges as aggravators)
- Conwell v. State, 542 N.E.2d 1024 (Ind. Ct. App. 1989) (burglary element as aggravator in plea context)
- Carlson v. State, 716 N.E.2d 469 (Ind. Ct. App. 1999) (aggravators tied to dismissed charges under plea)
- Farmer v. State, 772 N.E.2d 1026 (Ind. Ct. App. 2002) (aggravators derived from dismissed charges; plea impact)
- Roney v. State, 872 N.E.2d 192 (Ind. Ct. App. 2007) (unfiled charges as aggravators under plea context)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (abuse of discretion in sentencing; consideration of nature and circumstances)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (sentencing discretion and deference to trial judge)
- Sexton v. State, 968 N.E.2d 837 (Ind. Ct. App. 2012) (full benefit of plea when multiple charges dismissed)
- Epperson v. State, 530 N.E.2d 743 (Ind. Ct. App. 1988) (due process safeguards in plea negotiations)
- Ryan v. State, 479 N.E.2d 517 (Ind. 1985) (fairness and voluntariness in guilty pleas)