State ex rel. Stiles v. Hendricks Circuit Court, No. 472S39

Docket NºNo. 472S39
Citation281 N.E.2d 89, 258 Ind. 318
Case DateApril 12, 1972
CourtSupreme Court of Indiana

Page 89

281 N.E.2d 89
258 Ind. 318
STATE of Indiana on the relation of Donald D. STILES, Relator,
v.
The HENDRICKS CIRCUIT COURT and the Honorable Richard J.
Groover, Regular Judge, Respondents.
No. 472S39.
Supreme Court of Indiana.
April 12, 1972.

Ferdiand Samper, Sr., Indianapolis, for relator.

Page 90

Seth B. Lewis, Pros. Atty., Danville, for respondents.

OPINION ON DENIAL OF WRIT OF MANDATE AND PROHIBITION

ARTERBURN, Chief Justice.

This matter came on for hearing upon the Verified Petition for Writ of Mandate and Prohibition [258 Ind. 319] filed on behalf of Relator and Respondents' Verified Motion to Dismiss Petition for Writ of Mandate and Prohibition.

The verified petition for Writ alleges that Relator was convicted of the charge of rape by a jury on March 9, 1972, in Cause No. CR 71--38 in the Hendricks Circuit Court and that before sentencing, Relator's brother filed with the Trial Court a petition for examination of Relator as a possible criminal sexual deviant, pursuant to the provisions of Burns' Anno.Stat. (1971) § 9--4001 et seq.

Said petition for Writ alleges that the procedure prescribed by Burns' Anno.Stat. (1971) § 9--4001 et seq. cannot be utilized because it is in conflict with Cr. Rule 11 of this Court, requiring that the trial court 'shall' sentence a defendant convicted in a criminal case on a plea of not guilty within thirty (30) days of the finding or verdict of guilty. The Relator seeks a Writ of Prohibition from this Court to prevent the Respondent from sentencing him before the expiration of the thirty (30) days of the finding or verdict of guilty, as required by Cr. Rule 11 of this Court.

Motion for a continuance of the sentencing schedule for March 28, 1972, at 1:00 p.m. was denied by the trial court and said Court further held that the petition for examination of the Relator as a possible criminal sexual deviant is unconstitutional. The Relator contends that this ruling by the trial court will prevent him from the benefits of the procedure prescribed by the criminal sexual deviant statute.

Criminal Rule 11 of this Court provides in part as follows:

'In all courts of superior jurisdiction having general jurisdiction to try felony charges, the trial court shall sentence a defendant convicted in a criminal case on a plea of not guilty within thirty (30) days of the finding or verdict of guilty.'

Then follows an said rule various requirements imposed upon the trial court advising the defendant of various...

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9 practice notes
  • Miresso v. State, No. 2--873A189
    • United States
    • Indiana Court of Appeals of Indiana
    • February 20, 1975
    .... but no objection thereto was made at trial. Such failure constitutes waiver of this issue upon appeal. Harrison v. State (1972), Ind., 281 N.E.2d 89; Langley v. State (1971), 256 Ind. 199, 267 N.E.2d 538; Smith v. State (1971), 256 Ind. 603, 271 N.E.2d 133; Thomas v. State (1971), 256 Ind......
  • Lindsey v. State, No. 172A29
    • United States
    • Indiana Court of Appeals of Indiana
    • May 23, 1972
    ...deviancy act. Our position here is confirmed by the opinion of our Supreme Court in State ex rel. Stiles v. Hendricks Cir. Ct., Ind., 281 N.E.2d 89 (decided April 12, The Appellant was not entitled to relief as a matter of law under either the criminal sexual psychopathic act or the crimina......
  • Taylor v. State, No. 3--675A107
    • United States
    • Indiana Court of Appeals of Indiana
    • December 16, 1976
    ...disadvantage upon the defendant. It would fulfill the purpose of the rule enunciated in State ex rel. Stiles v. Hendricks Cir. Ct. (1972), 258 Ind. 318, 281 N.E.2d 89, to expedite the early appeal and final disposition of the case. Furthermore, if initiated by motion to pronounce sentence a......
  • Scalf v. State, No. 2-1179A355
    • United States
    • Indiana Court of Appeals of Indiana
    • August 26, 1981
    ...sentence as well as the determination of guilt. We are aided in this conclusion by State ex rel. Stiles v. Hendricks Circuit Court (1972) 258 Ind. 318, 281 N.E.2d 89, which observes that the pronouncement of sentence necessarily follows "after conviction." It is clear in this context that a......
  • Request a trial to view additional results
9 cases
  • Miresso v. State, No. 2--873A189
    • United States
    • Indiana Court of Appeals of Indiana
    • February 20, 1975
    .... but no objection thereto was made at trial. Such failure constitutes waiver of this issue upon appeal. Harrison v. State (1972), Ind., 281 N.E.2d 89; Langley v. State (1971), 256 Ind. 199, 267 N.E.2d 538; Smith v. State (1971), 256 Ind. 603, 271 N.E.2d 133; Thomas v. State (1971), 256 Ind......
  • Lindsey v. State, No. 172A29
    • United States
    • Indiana Court of Appeals of Indiana
    • May 23, 1972
    ...deviancy act. Our position here is confirmed by the opinion of our Supreme Court in State ex rel. Stiles v. Hendricks Cir. Ct., Ind., 281 N.E.2d 89 (decided April 12, The Appellant was not entitled to relief as a matter of law under either the criminal sexual psychopathic act or the crimina......
  • Taylor v. State, No. 3--675A107
    • United States
    • Indiana Court of Appeals of Indiana
    • December 16, 1976
    ...disadvantage upon the defendant. It would fulfill the purpose of the rule enunciated in State ex rel. Stiles v. Hendricks Cir. Ct. (1972), 258 Ind. 318, 281 N.E.2d 89, to expedite the early appeal and final disposition of the case. Furthermore, if initiated by motion to pronounce sentence a......
  • Scalf v. State, No. 2-1179A355
    • United States
    • Indiana Court of Appeals of Indiana
    • August 26, 1981
    ...sentence as well as the determination of guilt. We are aided in this conclusion by State ex rel. Stiles v. Hendricks Circuit Court (1972) 258 Ind. 318, 281 N.E.2d 89, which observes that the pronouncement of sentence necessarily follows "after conviction." It is clear in this context that a......
  • Request a trial to view additional results

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