Bartzis v. State, No. 3-1185A328

Docket NºNo. 3-1185A328
Citation502 N.E.2d 1347
Case DateJanuary 26, 1987
CourtCourt of Appeals of Indiana

Page 1347

502 N.E.2d 1347
Demetre Christo BARTZIS, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below).
No. 3-1185A328.
Court of Appeals of Indiana,
Third District.
Jan. 26, 1987.

John B. Wilson, Jr., Nashville, Jim J. Brugh, Logansport, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Demetre Christo Bartzis appeals his conviction of Class C felony child molesting. On appeal Bartzis raises one issue: whether the trial court erred by vacating Bartzis' guilty plea and revoking its acceptance of a plea bargain recommendation.

On December 12, 1984 the trial court held a hearing at which it considered Bartzis'

Page 1348

motion to change his plea to guilty from the automatic not guilty plea that was entered at his arraignment. Concomitant with the change of plea the prosecution and defense jointly filed a written plea agreement. The plea agreement called for Bartzis to plead guilty to one count of Class C felony child molesting in exchange for the prosecutor's agreement to dismiss a second count of child molesting and for an agreement that Bartzis would be sentenced to a suspended four-year term, subject to Bartzis receiving counseling.

At the December hearing the trial court examined Bartzis extensively on the factual basis for the guilty plea, on whether the guilty plea was voluntary and intelligent, and on whether he was knowingly waiving his constitutional rights. The trial court then discussed the specific terms of the plea agreement with Bartzis and explained the consequences of each part of the agreement. Once the trial court was assured that Bartzis possessed and understood all pertinent information, the trial court made the following finding:

"Okay. The Court now finds that the defendant understands the nature of the charge against him to which he has entered a plea of guilty, that he understands the possible sentence thereunder, that the plea of guilty was freely and voluntarily made, that the plea is accurate and there is a basis in fact for the defendant's offered plea of guilty.

The Court now finds that the defendant is guilty of child molest, a Class C felony, Court accepts the plea of guilty and finds the defendant guilty of said charge;

Court accepts the plea bargain agreement, will set sentencing for January, either 24th or 31st...."

The sentencing hearing was ultimately held on February 7, 1985. Instead of proceeding with formal sentencing as planned, the trial court conducted a second hearing on whether it would accept the plea bargain. In the two intervening months the trial court had received an unfavorable presentence report and at the second hearing the victim's mother recanted her earlier approval of the plea agreement.

The...

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7 practice notes
  • Hooker v. State, No. 82A01-0304-PC-128.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 5, 2003
    ...power of the trial court to order." (statutory citation omitted) (emphasis added). This court followed Griffin in Bartzis v. State, 502 N.E.2d 1347, 1349 (Ind.Ct.App.1987), when we held that where a trial court had accepted the defendant's guilty plea and then "unequivocally accep......
  • Benson v. State, No. 50A05-0203-PC-113.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 30, 2002
    ...... and entered Judgment against the Defendant." See Reffett v. State, 571 N.E.2d 1227, 1230 (Ind.1991); Bartzis v. State, 502 N.E.2d 1347, 1349 (Ind.Ct.App.1987)....
  • Buck v. State, No. 18A02-9105-CR-186
    • United States
    • Indiana Court of Appeals of Indiana
    • November 14, 1991
    ...it accepts. IC 35-35-3-3(e) (1988); see also Reffett v. State (1991), Ind., 571 N.E.2d 1227, 1229; Bartzis v. State (1987), Ind.App., 502 N.E.2d 1347, 1349; Disney v. State (1982), Ind.App., 441 N.E.2d 489, 494. However, when a plea agreement involves probation only conditions of probation ......
  • Reffett v. State, No. 69A01-9003-CR-95
    • United States
    • Indiana Court of Appeals of Indiana
    • August 6, 1990
    ...sentencing than in post-trial sentencing. As Judge Garrard aptly stated in his concurring opinion in Bartzis v. State (1987), Ind.App., 502 N.E.2d 1347 (Garrard, P.J., concurring), "IC 35-35-3-3 contemplates that in felony cases the plea agreement will be filed with the court and prese......
  • Request a trial to view additional results
7 cases
  • Hooker v. State, No. 82A01-0304-PC-128.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 5, 2003
    ...power of the trial court to order." (statutory citation omitted) (emphasis added). This court followed Griffin in Bartzis v. State, 502 N.E.2d 1347, 1349 (Ind.Ct.App.1987), when we held that where a trial court had accepted the defendant's guilty plea and then "unequivocally accep......
  • Benson v. State, No. 50A05-0203-PC-113.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 30, 2002
    ...... and entered Judgment against the Defendant." See Reffett v. State, 571 N.E.2d 1227, 1230 (Ind.1991); Bartzis v. State, 502 N.E.2d 1347, 1349 (Ind.Ct.App.1987)....
  • Buck v. State, No. 18A02-9105-CR-186
    • United States
    • Indiana Court of Appeals of Indiana
    • November 14, 1991
    ...it accepts. IC 35-35-3-3(e) (1988); see also Reffett v. State (1991), Ind., 571 N.E.2d 1227, 1229; Bartzis v. State (1987), Ind.App., 502 N.E.2d 1347, 1349; Disney v. State (1982), Ind.App., 441 N.E.2d 489, 494. However, when a plea agreement involves probation only conditions of probation ......
  • Reffett v. State, No. 69A01-9003-CR-95
    • United States
    • Indiana Court of Appeals of Indiana
    • August 6, 1990
    ...sentencing than in post-trial sentencing. As Judge Garrard aptly stated in his concurring opinion in Bartzis v. State (1987), Ind.App., 502 N.E.2d 1347 (Garrard, P.J., concurring), "IC 35-35-3-3 contemplates that in felony cases the plea agreement will be filed with the court and prese......
  • Request a trial to view additional results

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