Watson v. State
| Decision Date | 28 August 1973 |
| Docket Number | No. 1271S352,1271S352 |
| Citation | 300 N.E.2d 354,261 Ind. 97 |
| Parties | Sandy WATSON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
William C. Erbecker, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., Indianapolis, for appellee.
*
Appellant was charged by affidavit with the crime of possession of heroin. Appellant first entered a plea of not guilty. A motion to suppress evidence was filed. Appellant then moved the court to withdraw her plea of not guilty and enter a plea of guilty, which motion was granted. Pre-trial investigation was ordered, and appellant was subsequently sentenced to the Indiana State Women's Prison for a period of two to ten years. At the time of sentencing, the prosecuting attorney made a recommendation to the court that the sentence be suspended, stating to the court that respresentations had been made both to the appellant and her attorney that such a recommendation would be made, if appellant would cooperate with police officers in the procuring of other arrests concerning narcotics. At the time of sentencing, the State represented through the testimony of a police officer that the appellant had fully cooperated as she had promised, and that the State, therefore, felt she was entitled to consideration by way of a suspended sentence. When the trial court indicated that notwithstanding the promises to the appellant and notwithstanding her cooperation with police officers, he would impose an executed sentence, the attorney for appellant immediately moved the court that appellant be permitted to withdraw her plea of guilty, orally stating at that time, and supporting this statement later with an affidavit, that at the time the appellant moted to withdraw her plea of not guilty and enter a plea of guilty, it was done so by reason of the promises made by the prosecuting attorney and the police officers that a suspended sentence would be recommended in exchange for appellant's cooperation with authorities.
There are two very compelling reasons why this Court should closely scrutinize a decision of this nature:
1) As this Court observed in Dube v. State (1971), Ind., 275 N.E.2d 7, 11, 27 Ind.Dec. 600:
And,
2) From the standpoint of criminal investigation and efficient police work, courts should constantly be sensitive to the desirability of law enforcement authorities eliciting information from those charged with crime in exchange for recommendations of leniency.
While it is true, and should remain so, that the trial judge is not bound by any promises or recommendations made by law enforcement officers, he should nevertheless make every effort to ascertain whether or not such promises have, in fact, been made, and when it is learned that such promises have been made and the judge in the exercise of his sound discretion determines that notwithstanding such promises he will not order a...
To continue reading
Request your trial
-
Schellert v. State
...Ballard v. State, 131 Ga.App. 847, 207 S.E.2d 246 (1974); People v. Lambrechts, 411 Ill.App.3d 729, 355 N.E.2d 53 (1976); Watson v. State, 300 N.E.2d 354 (Ind.1973); State v. Fisher, 223 N.W.2d 243 (Iowa 1974); State v. Lloyd, 291 Minn. 528, 190 N.W.2d 123 (1971); State v. Wolske, 280 Minn.......
-
Parsons v. State
...made pursuant to a plea bargain. Dube v. State (1971), Ind., 275 N.E.2d Justice Givan reiterated this wellsettled rule in Watson v. State (1973), Ind., 300 N.E.2d 354, wherein he 'While it is true, and should remain so, that the trial judge is not bound by any promises or recommendations ma......
-
Cruz v. State
...Commonwealth v. Barrett, 223 Pa.Super. 163, 299 A.2d 30 (1972); Rule 319(b), Pa.R.Crim.Proc., 19 P.S. Appendix.7 Watson v. State, 300 N.E.2d 354 (Ind.1973).8 United States v. Truglio, 493 F.2d 574, 580 n. 3 (4th Cir. 1974).9 United States v. Ammidown, 162 U.S.App.D.C. 28, 497 F.2d 615 (1973......
-
Staton v. State
...equally as significant, it is a matter of public confidence in the system. As Chief Justice Givan reiterated in Watson v. State, (1973) 261 Ind. 97, 99, 300 N.E.2d 354, 355: " 'It is important for all segments of our society to believe that our court systems dispense justice. This includes ......