Holloway v. State
2011 Ind. App. LEXIS 1149
| Ind. Ct. App. | 2011Background
- Holloway was charged with six felonies and agreed to plead guilty to Class B burglary, with the plea agreement capping the executed portion at ten years.
- The trial court sentenced Holloway to sixteen years total: ten years executed, six years suspended, and five years of probation.
- The plea agreement included a waiver of Holloway's right to appeal the sentence, but the court told him he could appeal during a combined guilty plea and sentencing hearing.
- The State did not object to the trial court's assurances that Holloway could appeal his sentence.
- Holloway challenged the sentence as inappropriate under Appellate Rule 7(B) after the trial court misadvised him about his appeal rights.
- The Indiana Court of Appeals concluded Holloway did not knowingly waive his appellate rights and proceeded to review the sentence under Rule 7(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Holloway validly waive appellate review of his sentence? | Holloway did not knowingly waive the right to appeal the sentence. | Bonilla and related authorities show waiver can be valid when advisements occur at plea. | Holloway did not validly waive; appeal permitted. |
| Is the sentence inappropriate under Appellate Rule 7(B)? | The sentence is within trial court discretion and supported by his history. | The offense was less egregious than typical for Class B burglary; should deviate downward. | Sentence not inappropriate; affirmed. |
Key Cases Cited
- Creech v. State, 887 N.E.2d 73 (Ind.2008) (advisement on appeal rights can affect whether waiver stands when given before bargain benefits)
- Bonilla v. State, 907 N.E.2d 586 (Ind.Ct.App.2009) (waiver of appeal rights not valid where advisement occurred with benefit of bargain incomplete or confusing)
- Ricci v. State, 894 N.E.2d 1089 (Ind.Ct.App.2008) (nullifies waiver when plea terms suggest appeal right retained but not properly acknowledged)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (establishes advisory sentence as starting point for 7(B) analysis)
- Reid v. State, 876 N.E.2d 1114 (Ind.2007) (two-factor framework for determining sentence appropriateness)
- Rich v. State, 890 N.E.2d 44 (Ind.Ct.App.2008) (considers offender's character and offense nature in 7(B) review)
- Rutherford v. State, 866 N.E.2d 867 (Ind.Ct.App.2007) (criminal history's weight depends on offense gravity and number)