Purcell v. State, No. 1--774A104

Docket NºNo. 1--774A104
Citation165 Ind.App. 47, 330 N.E.2d 779
Case DateJuly 14, 1975
CourtCourt of Appeals of Indiana

Page 779

330 N.E.2d 779
165 Ind.App. 47
Archie Junior PURCELL, Petitioner-Appellant,
v.
STATE of Indiana, Respondent-Appellee.
No. 1--774A104.
Court of Appeals of Indiana, First District.
July 14, 1975.

Page 780

Harriette Bailey Conn, Public Defender, Larry A. Landis, Deputy Public Defender, Indianapolis, for petitioner-appellant.

Theodore L. Sendak, Atty. Gen., Robert S. Spear, Deputy Atty. Gen., for respondent-appellee.

Before ROBERTSON, C.J., and LOWDERMILK, and LYBROOK, JJ.

PER CURIAM:

Archie Junior Purcell's appeal from the denial of his Petition for Post-Conviction Relief presents two issues for review:

1. Did the trial court err in finding Purcell knowingly, intelligently and voluntarily entered a plea of guilty to a [165 Ind.App. 48] charge of assault and battery with intent to gratify sexual desires? 1

2. Did the trial court err in finding that Purcell knowingly, intelligently and voluntarily waived his right to the assistance of counsel?

We affirm.

ISSUE ONE:

In his Petition for Post-Conviction Relief, Purcell alleges Indiana State Police Officer Loyd Heck threatened him with the possibility of a greater sentence, thus inducing his guilty plea to a lesser offense and rendering the plea involuntary. The State failed to file a responsive pleading, although required to do so by Indiana Rules of Procedure, Post-Conviction Remedy Rule 1(4)(a), and thus the facts alleged in Purcell's petition must be deemed admitted by the State. Trial Rule 8(D). The first fact deemed admitted is that Officer Heck did tell Purcell he could receive a greater sentence than that prescribed for the offense to which he plead guilty.

A guilty plea is not rendered involuntary merely because it is motivated by a desire to avoid a possible greater sentence imposed after a trial and conviction. Lockhart v. State (1971), 257 Ind. 349, 274 N.E.2d 523. Whether this threat of a greater sentence actually so influenced Purcell as to render his plea involuntary is a conclusion to be reached after a consideration of all the circumstances surrounding the entry of the plea, Lockhart, supra. Here, the trial court heard Purcell's testimony at the hearing on his petition in which he stated his plea was motivated only out of fear generated by Officer Heck's warning of a possible greater sentence which was in direct conflict with his testimony at arraignment in which he repeatedly assured the court his plea was not being offered because of fear generated by threats or...

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8 practice notes
  • Williams v. State, No. 2-1284A388
    • United States
    • Indiana Court of Appeals of Indiana
    • 26 Febrero 1986
    ...se petition for post-conviction relief, thereby admitting error. See Ind. Rules of Procedure, Trial Rule 8(D). Purcell v. State (1975), 165 Ind.App. 47, 330 N.E.2d 779 holds the facts alleged in a petition for post-conviction relief will be deemed admitted by the State if the State fails to......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Abril 1983
    ...due to the state's tardy response. In support thereof, he relies on Ind.R.P.C. 1, Sec. 4, as implemented in Purcell v. State, (1975) 165 Ind.App. 47, 330 N.E.2d Petitioner misconstrues the effect of our 1979 decision and the responsibilities incumbent upon him in its wake. Our decision vaca......
  • Shoulders v. State, No. 883S298
    • United States
    • Indiana Supreme Court of Indiana
    • 4 Mayo 1984
    ...that the facts as alleged in the petition are deemed admitted. See State v. Fair, (1983) Ind., 450 N.E.2d 66; Purcell v. State, (1975) 165 Ind.App. 47, 330 N.E.2d 779. However, the court must determine whether as a matter of law the facts as alleged in the petition entitle the petitioner to......
  • Lloyd v. State, No. 1177S793
    • United States
    • Indiana Supreme Court of Indiana
    • 12 Enero 1979
    ...allegations of the second amended petition, were admitted by the State's failure to respond, citing Purcell v. State, (1975) Ind.App., 330 N.E.2d 779; Indiana Tr. R. 8(D); and Post Conviction Remedy Rule 1, § 4(a). The allegations which the petitioner sought to have the court deem admitted ......
  • Request a trial to view additional results
8 cases
  • Williams v. State, No. 2-1284A388
    • United States
    • Indiana Court of Appeals of Indiana
    • 26 Febrero 1986
    ...se petition for post-conviction relief, thereby admitting error. See Ind. Rules of Procedure, Trial Rule 8(D). Purcell v. State (1975), 165 Ind.App. 47, 330 N.E.2d 779 holds the facts alleged in a petition for post-conviction relief will be deemed admitted by the State if the State fails to......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • 13 Abril 1983
    ...due to the state's tardy response. In support thereof, he relies on Ind.R.P.C. 1, Sec. 4, as implemented in Purcell v. State, (1975) 165 Ind.App. 47, 330 N.E.2d Petitioner misconstrues the effect of our 1979 decision and the responsibilities incumbent upon him in its wake. Our decision vaca......
  • Lloyd v. State, No. 1177S793
    • United States
    • Indiana Supreme Court of Indiana
    • 12 Enero 1979
    ...allegations of the second amended petition, were admitted by the State's failure to respond, citing Purcell v. State, (1975) Ind.App., 330 N.E.2d 779; Indiana Tr. R. 8(D); and Post Conviction Remedy Rule 1, § 4(a). The allegations which the petitioner sought to have the court deem admitted ......
  • Shoulders v. State, No. 883S298
    • United States
    • Indiana Supreme Court of Indiana
    • 4 Mayo 1984
    ...that the facts as alleged in the petition are deemed admitted. See State v. Fair, (1983) Ind., 450 N.E.2d 66; Purcell v. State, (1975) 165 Ind.App. 47, 330 N.E.2d 779. However, the court must determine whether as a matter of law the facts as alleged in the petition entitle the petitioner to......
  • Request a trial to view additional results

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