Watkins v. State
| Decision Date | 08 October 1980 |
| Docket Number | No. 1079S300,1079S300 |
| Citation | 410 N.E.2d 1198,274 Ind. 280 |
| Parties | Patrick WATKINS, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Supreme Court |
Harriette Bailey Conn, Public Defender, Ihor N. Boyko, Deputy Public Defender, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., Kathleen G. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.
This is an appeal from the denial of post conviction relief. Petitioner (Appellant) was convicted of Second Degree Murder upon a plea of guilty and sentenced to not less than fifteen (15), nor more than twenty-five (25) years imprisonment. No appeal was taken from the conviction. Petitioner now appeals the denial of his petition for post conviction relief, raising the following issues:
(1) Whether the petitioner's guilty plea was knowingly, intelligently and voluntarily made.
(2) Whether the petitioner was adequately represented by counsel.
(3) Whether it was fundamental error for the trial court to have made a certain remark during the post conviction hearing.
The petitioner contends that his guilty plea was not knowingly, intelligently and voluntarily entered. In support of that contention, he submits that at the guilty plea hearing, the trial judge neither determined that he understood and nature of the charge nor advised him that his privilege against self-incrimination would exist at trial, as well as at the guilty plea hearing. Neither facet of the contention has merit.
and that
"(n)ormally the record contains either an explanation of the charge by the trial judge, or at least a representation by defense counsel that the nature of the offense has been explained to the accused." Id. at 642-43, 647, 96 S.Ct. at 2256, 2258, 49 L.Ed.2d at 113, 115 (emphasis added).
In the case at bar, the record of the guilty plea hearing reveals that the trial court asked the petitioner whether he understood the nature of the charge and whether he had discussed the charge with his attorney. It also discloses that the petitioner's counsel asked him whether he understood what he was pleading guilty to, i. e., whether he had beat and drowned the victim, and that the prosecuting attorney, after reading the charging information, asked him whether he understood the meaning of "malice" and "bad or wicked intent" and whether he admitted acting maliciously. The petitioner responded in the affirmative to all of the inquiries. Thus, there was substantial support for the trial court's determination that the petitioner had understood the nature of the charge against him, quite unlike The petitioner, in addition to Henderson, relies upon the decisions in Brooks v. State, (1974) 161 Ind.App. 552, 316 N.E.2d 688, and Bonner v. State, (1973) 156 Ind.App. 513, 297 N.E.2d 867. Again, these cases are not supportive of his position.
the situation in Henderson.
The holding in Brooks was
" * * * that since the trial court explained the elements of a greater charge, embracing the lesser included offense to which the defendant's plea was addressed, and since Brooks fails to make the barest allegation that he did not understand the nature of the crime to which he pleaded and since the facts fully support the guilty plea, the trial court was not required to find, as a matter of law, that the defendant did not knowingly and intelligently make his plea." 161 Ind.App. at 561, 316 N.E.2d at 693.
Thus, Brooks effectively supports the instant trial court's determination that the petitioner understood the nature of the charge against him, that the elements of In Bonner, the Court of Appeals ordered a guilty plea set aside because the record was silent as to a knowing waiver of either the privilege against compulsory self-incrimination or the right of confrontation. 156 Ind.App. at 527, 297 N.E.2d at 866. As such, Bonner does not pertain to a trial court's determination of whether or not a defendant understands the nature of the charge against him, and accordingly, is inapplicable to the contention raised here.
Second Degree Murder were explained to him and that he expressed his understanding of those elements. Moreover, the petitioner has made no claim that the factual basis for the charge, as presented at the hearing, had been inadequate.
We hold that the record demonstrates a sufficient basis for the trial court's determination that the petitioner understood the nature of the charge against him.
The petitioner also contends that the trial court did not inform him that his privilege against being compelled to incriminate himself extended to his trial, if any, as well as to the guilty plea hearing. The pertinent portion of the record reveals that the following exchange occurred between the judge and the petitioner:
The petitioner relies upon the decision in Beard v. State, (1978) Ind.App., 375 N.E.2d 270, to support his position. However, the Court of Appeals set aside the guilty plea in Beard primarily because the petitioner had been advised of his constitutional rights only upon an occasion some seventy (70) days before the plea was made. Id. at 273. Here, the advisement of rights and the guilty plea were made on the same day. We also find that the trial court's advisement of the right not to be compelled to incriminate oneself was adequate to inform the petitioner that such right existed at the trial, as well as at the guilty plea hearing.
We find no error in the trial court's determination that the petitioner's guilty plea had been knowingly, intelligently and voluntarily made.
The petitioner next contends that the trial court erred in determining that petitioner had had adequate representation. We do not...
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Ferguson v. State
...will reverse the trial court's decision only if the evidence supporting reversal is unerring and without conflict. Watkins v. State (1980), 274 Ind. 280, 410 N.E.2d 1198. I Appellant presented the claim below that he was denied a fair trial and an impartial jury due to jury misconduct, lay ......
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...unless the evidence is without conflict and leads unerringly to a conclusion contrary to that reached by the trial court. Watkins v. State, (1980) Ind., 410 N.E.2d 1198. It is uncontradicted that prior to defendant's trial, the state tendered a plea bargain offer to petitioner's attorney. I......