Wilson v. State
Decision Date | 30 January 2018 |
Docket Number | Court of Appeals Case No. 45A03–1707–PC–1466 |
Citation | 94 N.E.3d 312 |
Parties | Major WILSON, Appellant–Petitioner, v. STATE of Indiana, Appellee–Respondent |
Court | Indiana Appellate Court |
Attorneys for Appellant : Stephen T. Owens, Public Defender, Richard Denning, Deputy Public Defender, Indianapolis, Indiana
Attorneys for Appellee : Curtis T. Hill, Jr., Attorney General of Indiana, Angela N. Sanchez, Deputy Attorney General, Indianapolis, Indiana
[1] Major Wilson appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erroneously determined that he did not receive the ineffective assistance of appellate counsel. Finding that the post-conviction court erred in its determination and that Wilson did receive the ineffective assistance of appellate counsel, we reverse and remand for further proceedings.
[2] On March 6, 2014, the State charged Wilson with ten counts of various crimes. On March 12, 2014, a public defender entered an appearance on Wilson's behalf. On July 10, 2014, Wilson filed a pro se motion asking the trial court to dismiss his public defender. A pre-trial hearing took place on July 30, 2014, during which the following exchange took place:
[3] A second pre-trial hearing took place on August 6, 2014, during which the following exchange took place:
Id. at 4–6. The following exchange then took place at the bench:
Id. at 7–11. Following this discussion, the trial court told Wilson, "You may represent yourself." Id. at 11. The trial court then asked Wilson whether he would like to have standby counsel. Wilson agreed, stating, "I'll go by the Court's decision, go ahead let him [act] as standby." Id. at 13.
[4] A jury trial took place on August 20, 2014; the jury found Wilson guilty as charged. Wilson admitted to being an habitual offender. The trial court entered judgment only for Wilson's convictions of Class A felony criminal deviate conduct and Class B felony burglary while armed with a deadly weapon and found him to be an habitual offender. On November 5, 2014, the trial court imposed an aggregate sentence of 100 years.
[5] On direct appeal, Wilson's appellate counsel argued only that the State presented insufficient evidence to support Wilson's conviction for Class B felony burglary. We affirmed in a memorandum decision. Wilson v. State , No. 45A03-1412-CR-425, 2015 WL 4740412, at *1 (Ind. Ct. App. Aug. 11, 2015).
[6] On August 18, 2016, Wilson filed a pro se petition for post-conviction relief. On January 9, 2017, he filed, by counsel, an amended petition for post-conviction relief. An evidentiary hearing took place on March 9, 2017. Appellate counsel testified that she did not request transcripts from Wilson's pre-trial hearings in which his waiver of his right to counsel was discussed; she also testified that she thought she should have requested them. During the hearing, the following exchange took place:
PCR Tr. p. 10–11. On June 15, 2017, the post-conviction court denied Wilson's petition, making the following conclusions of law:
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