Sexton v. State
| Decision Date | 16 November 1983 |
| Docket Number | No. 283S50,283S50 |
| Citation | 455 N.E.2d 910 |
| Parties | William SEXTON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Susan K. Carpenter, Public Defender, Ihor N. Boyko, Sp. Asst. Deputy Public Defender, Indianapolis, for appellant.
Appellant accepted a plea bargain agreement to the charge of Attempted Robbery While Armed With a Deadly Weapon. He was sentenced to fifteen (15) years imprisonment. Appellant brings this Post-Conviction Relief Appeal.
At the time appellant entered his guilty plea in 1979, I.C. Sec. 35-4.1-1-3 () provided in pertinent part:
Plea of guilty--Defendant advised by court.--The court shall not accept a plea of guilty from the defendant without first addressing the defendant and
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(b) informing him that by his plea of guilty he is admitting the truth of all facts alleged in the indictment or information or to an offense included thereunder and that upon entry of such plea the court shall proceed with judgment and sentence;
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This Court held, in German v. State, (1981) Ind., 428 N.E.2d 234, it was the duty of the trial judge to strictly comply with the language of the statute. A review of the record in the guilty plea proceedings reveals a failure to comply with section (b).
The State admits the trial court failed to advise appellant of his rights under I.C. Sec. 35-4.1-1-3(b) and concedes appellant should be granted a new trial.
We reverse the trial court and remand the case with instructions to grant appellant's Post-Conviction Relief Petition.
All Justices concur.
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Alston v. State
...review was that announced in German wherein omitted advisements were sufficient cause for granting post-conviction relief. Sexton v. State (1983) Ind., 455 N.E.2d 910; Early v. State (1983) Ind., 454 N.E.2d 416; Brown v. State (1982) 4th Dist.Ind.App., 435 N.E.2d 582. From the record, it ap......
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...unless it is satisfied from its examination of the defendant that there is a factual basis for the plea."2 See also, Sexton v. State (1983), Ind., 455 N.E.2d 910 wherein the State conceded error because the court did not advise Sexton that his plea constituted an admission of the ...
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Pharris v. State, 1084S402
...failure to employ the precise statutory terms concerning the entry of judgment and sentencing. Appellant's reliance on Sexton v. State (1983), Ind., 455 N.E.2d 910 is, misplaced. Although the same section of the statute was involved in Sexton, the defendant was not advised by the trial cour......
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Stonebreaker v. State, 984S347
...held that the applicable statute concerning pleas of guilty, Ind.Code Sec. 35-4.1-1-3, must be strictly construed, citing Sexton v. State (1983), Ind., 455 N.E.2d 910 and Davis v. State (1983), Ind., 446 N.E.2d 1317. See also Helton v. State (1982), Ind.App., 443 N.E.2d 1201. Appellant is a......