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Plea bars man from credit for time served on electronic monitoring

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Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.

John M. Weidman was placed on electronic monitoring after posting bond in Cause No. 03C01-1102-FA-898, in which he faced several counts involving drugs and attempted receiving stolen property. While on electronic monitoring, he was charged with Class D felony possession of marijuana in Cause No. 03C01-1205-FC-2659.

Weidman entered into a plea agreement on both causes to which he agreed he was not entitled to credit time toward his sentences for the period of time he was on electronic monitoring.

In John M. Weidman v. State of Indiana,  03A01-1306-CR-255, Weidman argued he is entitled to that credit time, but the Court of Appeals held is bound by the plea agreement because he made no argument that his plea was involuntary.

The Indiana Supreme Court has also held that a defendant may waive in a voluntary plea agreement the constitutional right to appellate review of a sentence.

“We therefore conclude that Weidman waived his right to claim that he was entitled to credit for the time he was on electronic monitoring. To allow such a challenge now would be to permit him to benefit from the terms of the plea agreement without upholding his end of the bargain struck in the plea agreement. And Weidman did benefit; in exchange for his plea, the State dismissed serious charges, and the trial court ordered the sentences on some of Weidman’s convictions to be served concurrently,” Judge Paul Mathias wrote.
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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