Bruner v. State, 1285S529

Decision Date28 July 1987
Docket NumberNo. 1285S529,1285S529
Citation510 N.E.2d 666
PartiesMichael D. BRUNER, Appellant (Petitioner Below), v. STATE of Indiana, Appellee (Respondent Below)
CourtIndiana Supreme Court

Susan K. Carpenter, Public Defender, Kathryn L. Kelley, Sp. Asst., Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee.

DICKSON, Justice.

Petitioner, Michael Bruner, appeals from the denial of his petition for post-conviction relief. On July 23, 1982, he entered a voluntary plea of guilty to Robbery While Armed with a Deadly Weapon Resulting in Bodily Injury, a class A felony, and Robbery While Armed with a Deadly Weapon, a class B felony. At the guilty plea hearing, the trial court failed to advise him, pursuant to Ind.Code Sec. 35-4.1-1-3(d) [now Ind.Code Sec. 35-35-1-2], about the possibility of an increased sentence by reason of prior convictions. In accordance with the negotiated plea agreement, he was sentenced to serve concurrent terms of thirty (30) and ten (10) years.

Defendant raised this omission in his petition for post-conviction relief. The State responded by asserting affirmative defenses of laches and equitable estoppel. The post-conviction trial court found equitable estoppel and denied defendant's PCR petition. In this appeal, defendant contends that the finding of equitable estoppel is not supported by sufficient evidence, and that the omitted advisement requires our determination that his guilty plea was not entered voluntarily, knowingly, and intelligently.

When appealing from the denial of a post-conviction petition, the petitioner has the burden of proof and stands in the shoes of one appealing from a negative judgment. We will reverse the judgment of the post-conviction trial court as being contrary to law only if, considering only the probative evidence and reasonable inferences supporting the judgment, without weighing evidence or assessing witness credibility, the evidence is without conflict and leads to a conclusion opposite the judgment reached by the post-conviction trial court. Young v. State (1984), Ind., 470 N.E.2d 70; Lowe v. State (1983), Ind., 455 N.E.2d 1126.

In accordance with White v. State (1986), Ind., 497 N.E.2d 893, the petitioner must prove by a preponderance of evidence at the post-conviction hearing that the trial court's failure to make a full inquiry in accordance with Ind.Code Sec. 35-4.1-1-3 rendered petitioner's...

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1 cases
  • Wickliffe v. State
    • United States
    • Indiana Supreme Court
    • 9 d4 Junho d4 1988
    ...evidence is without conflict and leads to a conclusion opposite the judgment reached by the post-conviction trial court. Bruner v. State (1987), Ind., 510 N.E.2d 666. Effective Assistance of Trial Petitioner generally alleges ineffective assistance of trial counsel. In its findings of fact ......

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