Gibson v. State

Decision Date26 March 1986
Docket NumberNo. 285S68,285S68
Citation490 N.E.2d 297
PartiesRonald J. GIBSON, Sr., Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).
CourtIndiana Supreme Court

Susan K. Carpenter, Public Defender of Indiana, Hope Fey, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant Ronald J. Gibson pleaded guilty in the Carroll County Circuit Court to burglary, a class C felony, and being an habitual offender. His five (5) year sentence for burglary was enhanced by an additional thirty (30) years upon being found an habitual offender, the sentence to run concurrently with similar sentences from two other counties. Appellant filed a Petition for Post-Conviction Relief which the trial court denied. He now appeals this denial and attacks the propriety of his plea agreement.

A plea agreement was filed with the trial court subsequent to Appellant being charged with burglary and being an habitual offender. A guilty plea hearing was held at which Appellant was advised of his rights. Appellant testified he was not under the influence of drugs or alcohol, and that he did not suffer from any mental or emotional disability nor had he been treated for any mental illness. His attorney stated Appellant had been diagnosed as being depressive and having mental problems, but had been found competent to stand trial three months earlier. Appellant testified he was aware of and understood the proceedings, the plea agreement, the charges, and the possible sentences, and that his alleged mental illness did not affect his ability to understand the instant proceedings. Appellant did maintain, however, that he could not recall any specific details of the burglary or his prior felony convictions.

Appellant first alleges there was an insufficient factual basis for the guilty plea to be accepted. Trial courts may not accept guilty pleas unless satisfied that there is a factual basis for the plea. Ind. Code Sec. 35-4.1-1-4(b) (Burns 1979). To prove an insufficient factual basis Appellant keys on his inability to remember details of the burglary.

In reviewing allegations of error based on sufficiency of evidence we neither weigh the evidence nor judge the credibility of witnesses, but rather, look to the evidence most favorable to the State to determine whether there is substantial evidence of probative value to support the trial court finding. Harris v. State (1985), Ind., 480 N.E.2d 932, 937. Appellant neither claims nor does he show that his failure to recall details of his crime amounted to a protestation of innocence. This case does not, therefore, fall within the rule enunciated, as follows, in Ross v. State (1983), Ind., 456 N.E.2d 420, 423: "We hold, as a matter of law that a judge may not accept a plea of guilty when the defendant both pleads guilty and maintains his innocence at the same time." Appellant merely argues there was insufficient evidence to support the trial judge's finding of a factual basis to support the guilty plea, buttressing this argument with the fact that he could not recall details surrounding the crime. Evidence other than the sworn testimony of the defendant can serve as an adequate basis for accepting a guilty plea. Sims v. State (1981) Ind.App., 422 N.E.2d 436, 439; Comstock v. State (1981), Ind.App., 422 N.E.2d 395, 397; See Owens v. State (1981) Ind., 426 N.E.2d 372, 374. In the present case Appellant repeatedly admitted he was guilty of the crime. Uncontroverted testimony from the trial of his co-defendant was offered showing Appellant broke into the store and stole the items. Furthermore, the prosecutor recited the facts of the burglary to which Appellant responded that he had no reason to believe such were false. Despite his inability to recall details of the crime, Appellant's admissions of guilt, his agreement with the prosecutor's version of the facts, and the uncontroverted testimony from his co-defendant's trial constitute a sufficient factual basis for the trial court to accept the guilty plea.

Appellant also attacks the factual basis of the guilty plea to being an habitual offender. If the trial court finds the State has proven beyond a reasonable doubt that the defendant has accumulated two (2) prior unrelated felony convictions, that defendant is an habitual offender. Ind. Code Sec. 35-50-2-8(d) (Burns Supp. 1982). If evidence yields logical and reasonable inferences from which the trier of fact may determine that it was indeed the defendant who was twice before convicted of felonies, sufficient connection has been shown between documents and the defendant for purposes of this section. Coker v. State (1983), Ind., 455 N.E.2d 319, 322. Here, Appellant admitted he was an habitual offender. In addition, the State offered stipulated evidence in the form of commitment orders for a 1970 felony conviction in Cass County and a 1973 felony conviction in Warren County. Considered together, the admission of guilt and the commitment orders provide a sufficient factual basis for Appellant pleading guilty to being an habitual offender.

Appellant next contends he was not meaningfully...

To continue reading

Request your trial
18 cases
  • Steele v. Duckworth
    • United States
    • U.S. District Court — Northern District of Indiana
    • 16 Agosto 1994
    ...the defendant is able to understand the proceedings and assist in his defense, no further hearing is necessary. Gibson v. State (1986), Ind., 490 N.E.2d 297, 299. In the present case, the post-conviction court found that Steele had failed to carry his burden of proof on his allegation that ......
  • Butler v. State
    • United States
    • Indiana Supreme Court
    • 28 Noviembre 1995
    ...may come from a variety of sources and is not limited to sworn testimony. Bates v. State (1988), Ind., 517 N.E.2d 379; Gibson v. State (1986), Ind., 490 N.E.2d 297. The court may base its decision on its inquiry alone, so long as the questions presented are sufficiently detailed to show gui......
  • Smith v. State
    • United States
    • Indiana Appellate Court
    • 23 Septiembre 1986
    ...maturity and intelligence of the child, the appellate court will only review his decision for an abuse of discretion. Gibson v. State (1986), Ind., 490 N.E.2d 297, 299. While our statute, IC 34-1-14-5, presumes that children under ten years of age are incompetent to testify, the test for de......
  • Cross v. State
    • United States
    • Indiana Appellate Court
    • 5 Abril 1988
    ...a factual basis, protestation of innocence will preclude acceptance of a guilty plea. To the same effect is Gibson v. State (1986) Ind., 490 N.E.2d 297. Cross's claim of innocence, appearing in a report before the court prior to acceptance of the guilty plea, placed upon the hearing court a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT