Martin v. State
Decision Date | 10 July 1985 |
Docket Number | No. 785S275.,785S275. |
Parties | Doren MARTIN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
Court | Indiana Supreme Court |
Susan K. Carpenter, Public Defender, William L. Touchette, Deputy Public Defender, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.
ON CRIMINAL PETITION TO TRANSFER
This cause is before us upon the petition of the State (Appellee) to transfer it from the Court of Appeals, Second District, following its reversal, on rehearing, of the trial court's denial of Petitioner's (Appellant's) petition for post-conviction relief. Because we find that the decision of the Court of Appeals controvenes ruling precedent of this Court, as hereinafter set forth, we grant the State's petition to transfer, order the opinions of the Court of Appeals reported at 470 N.E.2d 733 and 474 N.E.2d 536 vacated and affirm the trial court's judgment denying the relief sought by Petitioner, i.e. the withdrawal of his guilty plea, but, nevertheless, remand the cause to the trial court with instructions.
The issue with which we are here concerned is the identical one determined by us this date in Deetra J. (Shelby) Martin v. State, Ind. App., 480 N.E.2d 543, i.e. the retroactive application of German v. State (1981), Ind., 428 N.E.2d 234.
Petitioner's plea of guilty to Armed Robbery was entered in 1975. Upon his post-conviction petition, he sought to have the plea set aside as not having been given knowingly, intelligently and voluntarily, in that the trial court had failed to advise him fully, as required by Ind. Code § 35-4.1-1-3 (Burns 1979), and specifically that it had failed to advise him of his right to confront and cross examine the witnesses; the right to compulsory process; and the right to be speedily and publicly tried.
The record discloses that the trial court, at the guilty plea hearing, did not personally give Petitioner those aforementioned advisements but that Petitioner had acknowledged his awareness of them by execution of the "Plea Agreement" and the "Motion to Withdraw Former Plea of Not Guilty and to Enter a Plea of Guilty." Upon this evidence the post-conviction court found that the Petitioner had failed in his burden of proof and that the guilty plea had been entered knowingly, intelligently and voluntarily. He further found that the grounds for the relief sought were barred by laches, but in view of the other findings and our determination herein, that finding is of no consequence.
Inasmuch as Petitioner's guilty plea was entered in 1975, the post-conviction court correctly looked to the entire record to determine if he had been fully advised of and understood his constitutional rights and, upon that review found that he had failed in his burden of proof.
In the initial opinion (470 N.E.2d 733, 735) Judge Sullivan, writing for the Court of Appeals, observed and corrected a fundamental error that transpired in Petitioner's sentencing. We adopt that portion of that opinion, as hereinafter set forth, as our own:
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