Carter v. State

• Decision Date: 25 February 2000
• Docket Number: No. 02A03-9905-PC-191.,02A03-9905-PC-191.
• Citation: 724 N.E.2d 281
• Parties: Contrice L. CARTER, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.
• Court: Indiana Appellate Court

724 N.E.2d 281

Contrice L. CARTER, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

No. 02A03-9905-PC-191.

Court of Appeals of Indiana.

February 25, 2000.

Rehearing Denied April 5, 2000.

Susan K. Carpenter, Public Defender of Indiana, Tracy A. Nelson, Deputy Public Defender, Indianapolis, Indiana, Attorneys for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Eileen Euzen, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-petitioner Contrice L. Carter appeals the denial of his petition for post-conviction relief. He presents one issue: whether the trial court erred in accepting his guilty plea when he pled guilty on the day his trial was to begin, after a thorough plea hearing, and then at his sentencing hearing made a statement implying that he was innocent.

FACTS

The facts reveal that on July 5, 1993, Carter had an argument with Alvinchy Washington. Carter shot Washington, who died as a result of the shooting. On July 8, 1993, the State charged Carter with Murder.¹ On September 7, 1993, Carter's trial commenced with the empaneling of the jury. After Carter discovered that the deposition of his alibi witness did not corroborate his story, he approached the State to ask for a plea agreement. On September 8, 1993, Carter entered into a written plea agreement with the State in which Carter agreed to plead guilty to voluntary manslaughter,² a Class A felony. In return for Carter's plea, the State agreed to dismiss the murder charge. The plea agreement set Carter's sentence at 30 years. On September 8, 1993, the trial court conducted a plea hearing, advising Carter of his rights and reviewing with him the terms of the plea agreement. Carter stated that he had read, understood and signed the plea agreement. He further stated that he was not coerced nor threatened and that his guilty plea was free and voluntary. He then pled guilty to voluntary manslaughter. Carter laid the factual basis for the plea and stated that he was guilty because he "shot somebody." Record at 202. The trial court took the plea under advisement, set the case for sentencing, and discharged the empaneled jurors.

During the interview for the presentence investigation report (PSI), Carter told the probation officer, "I am pleading guilty because I cannot prove that I didn't do it." R. at 46. On October 7, 1993, at the sentencing hearing, Carter said that he was not satisfied with his attorney because she told him to sign the plea agreement after he could not prove that he did not kill Washington. He said if he was maintaining his innocence, his attorney was "supposed to be pushing with that for me no matter what the outcome could be." R. at 211. The trial court stated that it had read the PSI, reviewed Carter's plea hearing, and found that Carter was adequately advised of his rights, his plea was free and voluntary, he was not under duress, and he had set out a full factual foundation for his guilty plea. The trial court stated that, to the extent Carter's statements could be taken as a motion to withdraw his guilty plea, it was denied.

On April 18, 1996, Carter filed a pro se petition for post-conviction relief, and an amended petition by counsel on October 27, 1998. In his amended post-conviction petition, Carter alleged that the trial court erred when accepting his guilty plea after he had protested his innocence.

On April 6, 1999, the post-conviction court denied relief to Carter. The court found that the trial court did not err in accepting Carter's plea because a trial court has the discretion to accept a guilty plea of a defendant who pleads guilty and then maintains his innocence at a separate later hearing. The post-conviction court found that Carter's plea was knowingly, voluntarily, and intelligently made and Carter failed to prove his claim on the merits by a preponderance of the evidence.

DISCUSSION AND DECISION

I. Standard of Review

We note that Carter appeals from a denial of post-conviction relief. In order to prevail on his petition for post-conviction relief, Carter had to establish that he was entitled to relief by a preponderance of the evidence. Canaan v. State, 683 N.E.2d 227, 228-29 (Ind.1997), cert. denied, 524 U.S. 906, 118 S.Ct. 2064, 141 L.Ed.2d 141 (1998). On appeal from the denial of his petition, Carter must reach a higher standard: that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Woods v. State, 701 N.E.2d 1208, 1210 (Ind.1998), cert. denied, ___ U.S. ___, 120 S.Ct. 150, 145 L.Ed.2d 128 (1999).

Furthermore, a trial court's ruling on a motion to withdraw a guilty plea arrives in this Court with a presumption in favor of the ruling. Hunter v. State, 676 N.E.2d 14, 18 (Ind.1996). On appeal, this court presumes that the trial court's decision was correct and reviews only for an abuse of discretion. Elsten v. State. 698 N.E.2d 292, 295 (Ind.1998); Bland v. State, 708 N.E.2d 880, 882 (Ind.Ct.App. 1999).

II. Carter's Claim

Carter's sole contention is that his statements at the sentencing hearing constituted a protestation of innocence and therefore the trial court erred in accepting his guilty plea. Specifically, Carter argues that the trial court erred because he maintained his innocence prior to the court's formal acceptance of his plea.

We note initially that our supreme court has long prohibited trial courts from accepting the guilty plea of a defendant who, at the same time he pleads guilty, also maintains his innocence. Ross v. State, 456 N.E.2d 420, 423 (Ind.1983); Harshman v. State, 232 Ind. 618, 621, 115 N.E.2d 501, 502 (1953). In capital cases, a court may not accept a plea of guilty from a defendant who, at any time after his guilty plea, maintains his innocence. Patton v. State, 517 N.E.2d 374, 376 (Ind. 1987). However, in non-capital cases, we have generally concluded that the trial court is afforded discretion in ruling upon the guilty plea of a defendant who, after entering his plea, maintains his innocence at a separate, later hearing. Harris v. State, 671 N.E.2d 864, 869 (Ind.Ct.App. 1996) (court need not set aside guilty plea of defendant who, at sentencing hearing maintains "to a degree" his innocence); Bewley v. State, 572 N.E.2d 541, 544 (Ind. Ct.App.1991) (trial court not required to set aside guilty plea where defendant maintains innocence after guilty plea but before sentencing). We find only one case which limits the trial court's discretion in non-capital cases: Brooks v. State, 577 N.E.2d 980, 981 (Ind.Ct.App.1991) (where a defendant pleads guilty, then maintains his innocence at later hearing but before the trial court formally accepts plea, the court may not accept plea). For reasons enumerated below, we repudiate the holding of Brooks today.

We further note that Indiana has enacted a statutory framework which details the methods for reaching plea agreements and assures that the needs and rights of victims, defendants, and society at large are all considered before the acceptance of a guilty plea. See Ind.Code § 35-35-1 and -3. The statutes impose numerous requirements upon the trial court before it may accept a guilty plea, including that the defendant understands the nature of the charge against him, has been informed that by his plea he waives the rights to a public and speedy trial by jury, to confront witnesses, to have compulsory process for obtaining witnesses, and to require that the State prove his guilt beyond a reasonable doubt at a trial where he will not be required to testify against himself. I.C. § 35-35-1-2(a)(1) and (2). In addition, the defendant must be informed of the maximum possible sentence and minimum sentence for the crime charged and any possible increased sentence by reason of a prior conviction or convictions. I.C. § 35-35-1-2(a)(3). Furthermore, IND.CODE § 35-38-1-8 provides that a defendant "may not be sentenced before a written presentence report is prepared by a probation officer and considered by the sentencing court." Thus, a trial court is obliged to take a guilty plea under advisement until such time as the presentence report is available.

In this case, Carter received a thorough plea hearing which met all statutory requirements. Carter first approached the State on September 7, 1993, after a jury was already empaneled for his trial, to request a plea agreement. R. at 213, 215. On September 8, 1993, Carter entered into a written plea agreement with the State in which he agreed to plead guilty to voluntary manslaughter and the State agreed to dismiss the murder charge. R. at 38. The trial court conducted a plea hearing on the same day. R. at 191-204. The trial court advised Carter of his rights and reviewed with him the terms of the plea agreement. R. at 194-96. Carter stated that he understood the rights he would waive in pleading guilty. R. at 195. Carter stated that he had read and signed the plea agreement and had discussed it with his attorney. R. at 199. He further stated that he was neither coerced nor threatened, and that his guilty plea was free and voluntary. R. at 201. He then pled guilty to voluntary manslaughter. R. at 201-02. At no point during the guilty plea hearing did Carter maintain his innocence. Moreover, Carter laid the factual basis for the plea, stating that he had "shot somebody." R. at 202-04. He also stated that he was satisfied with the representation he had received from trial counsel. R. at 201.

The trial court then took his guilty plea under advisement and set the case for sentencing, and the jury was discharged. R. at 40. Pursuant to I.C. § 35-38-1-8, a presentencing report was ordered so that the trial court could consider it before accepting a guilty plea. R. at 438.

On October 7, 1993, at his sentencing hearing, Carter contradicted his earlier statement to the trial court, asserting that he was not satisfied with his counsel and that...