James J. Leffler, II v. State of Indiana (mem. dec.)
84A01-1702-CR-265
| Ind. Ct. App. | Oct 30, 2017Background
- In late 2015 James J. Leffler II was arrested and charged with multiple methamphetamine-related felonies and alleged to be an habitual offender.
- On July 15, 2016 Leffler entered a written plea agreement: he pleaded guilty to dealing in methamphetamine (Level 4) and the State dismissed remaining counts; sentencing was capped at nine years.
- The plea agreement expressly stated Leffler waived the right to appeal the sentence and waived certain jury-determination rights on aggravators.
- At the guilty-plea hearing the trial court advised Leffler he was waiving his right to appeal the sentence; Leffler acknowledged understanding and pled guilty.
- The trial court later sentenced Leffler to nine years executed, but at sentencing mistakenly advised he had a right to appeal and appointed counsel.
- Leffler appealed his sentence; the State cross-appealed arguing Leffler had validly waived his right to appeal and the appeal should be dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leffler waived his right to appeal his sentence | State: plea agreement contains an unambiguous waiver and bars appellate review | Leffler: plea paragraph is ambiguous; trial court’s post-sentencing advisement preserved appeal right | Court: waiver was valid and unambiguous; Leffler waived appeal despite trial court’s later erroneous advisement; appeal dismissed |
Key Cases Cited
- Creech v. State, 887 N.E.2d 73 (Ind. 2008) (upheld express plea-waiver of appellate review despite trial court’s later incorrect advisement)
- McCown v. State, 890 N.E.2d 752 (Ind. Ct. App. 2008) (standard of review for plea-agreement interpretation is de novo)
- Starcher v. State, 66 N.E.3d 621 (Ind. Ct. App. 2016) (enforced written waiver of right to appeal sentence despite erroneous sentencing advisement)