ILNews

COA: Man didn't waive right to appeal sentence

Jennifer Nelson
January 1, 2009
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Because the trial court may have made confusing remarks at a man's guilty plea hearing indicating he "may" have waived the right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn't waived that right to appeal. The appellate court did affirm the defendant's 30-year advisory sentence for dealing in cocaine, finding he failed to prove it was inappropriate.

In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the Court of Appeals found Bonilla's situation to fall somewhere in between Creech v. State, 887 N.E.2d 73, 75 (Ind. 2008), and Ricci v. State, 894 N.E.2d 1089 (Ind. Ct. App. 2008), both of which dealt with whether a defendant waived his right to appellate review of a sentence based on conflicting remarks from judges stating the defendant may be able to appeal the sentence.

"Unlike Creech, here the trial court's advisement that Bonilla had the right to appeal occurred at the guilty plea hearing, which, as explained in Ricci, is significant," wrote Judge Nancy Vaidik. "But unlike Ricci, the trial court in this case acknowledged that Bonilla 'may' have waived the right to appeal his sentence."

Telling a defendant at his guilty plea hearing that he may have waived the right to appeal but then proceeding to advise him of the right to appeal is the precise scenario the Supreme Court warned against in Creech, when it emphasized the importance of avoiding confusing remarks in a plea colloquy, the judge continued.

In light of the contradicting and confusing information Bonilla received at his guilty plea hearing, and the fact he is not a native English speaker, the appellate court ruled he didn't waive his right to appeal his sentence.

But the Court of Appeals affirmed his advisory 30-year sentence for dealing in cocaine. Although he had received authorization to work here after entering the U.S. illegally, he failed to abide by the laws once he was here. He drove without a valid driver's license and had a misdemeanor conviction for criminal conversion. He was on probation for that conviction when he was arrested for dealing cocaine. Even though he held a steady job, and dealt cocaine because of a drug problem, his sentence is not inappropriate, wrote Judge Vaidik.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT