953 N.E.2d 559
Ind. Ct. App.2011Background
- Roberts pled guilty to Class B felony burglary and Class D felony theft; aggregate sentence of twenty years with five suspended.
- State moved to amend information to add habitual offender allegation; Roberts claimed a 1996 burglary conviction listed was not his.
- Plea agreement: State would not pursue habitual offender enhancement in exchange for Roberts's guilty plea; no written plea agreement presented to court.
- Before sentencing, Roberts pro se sought to withdraw plea; court denied; sentenced January 31, 2007.
- Direct appeal already pending when Roberts filed pro se PCR; PCR hearing held September 8, 2010; Roberts testified he was told a 30-year habitual offender sentence would be imposed if he did not plead.
- PCR court found Roberts knew he was not habitual offender; concluded plea was voluntary; denied relief; Roberts appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was involuntary due to illusory threat | Roberts | Roberts | Plea voluntary; threat not material motivation |
| Whether trial counsel provided ineffective assistance | Roberts | Roberts | No prejudice; counsel's performance not reversible |
Key Cases Cited
- Champion v. State, 478 N.E.2d 681 (Ind. 1985) (illusory threat undermines plea when prosecutor's power to threaten is misused)
- Nash v. State, 429 N.E.2d 666 (Ind. Ct. App. 1981) (illusory habitual-offender threat can render plea illusory)
- Segura v. State, 749 N.E.2d 496 (Ind. 2001) (prejudice from incorrect penal-consequences advice assessed by objective standard)
- Willoughby v. State, 792 N.E.2d 560 (Ind. Ct. App. 2003) (rejects simple link between error and plea without showing defendant would have gone to trial)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for ineffective assistance of counsel in plea context)