William M. Starcher v. State of Indiana
66 N.E.3d 621
| Ind. Ct. App. | 2016Background
- Starcher pleaded guilty, under a written plea agreement, to maintaining a common nuisance (Level 6 felony) and possession of a synthetic drug (Class A misdemeanor) with other charges dismissed.
- The plea agreement expressly waives the right to appeal the sentence so long as the judge sentences within the agreement’s terms.
- At sentencing, the court imposed a two-year term in the Department of Correction and stated Starcher could appeal the sentence.
- The State moved to dismiss the appeal, arguing the waiver was valid and binding.
- The Court held the waiver was knowing and voluntary under Creech v. State and distinguished Ricci v. State; the appeal was properly dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of appeal right valid under plea terms | Starcher argues waiver lacked validity | Starcher contends misstatements at sentencing affect waiver | Waiver valid; appeal dismissed |
Key Cases Cited
- Creech v. State, 887 N.E.2d 73 (Ind. 2008) (trial court’s misstatements at sentencing do not nullify a knowing, voluntary waiver of appeal rights in a plea)
- Ricci v. State, 894 N.E.2d 1089 (Ind. Ct. App. 2008) (plea agreement waiver may be nullified only when misstatements at plea hearing show lack of knowing, voluntary waiver)