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Clark County man waived right to appeal

July 17, 2012

A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.

Darrell Larue Brown faced nine counts of child molesting, but seven of those counts were dismissed through a plea agreement. Brown pleaded guilty to two counts of child molesting as Class B felonies and his agreement stated that he agreed to waive his right to appeal his sentence as long as the judge sentenced him within the sentencing range outlined in the agreement.

At the guilty plea hearing, Clark Circuit Judge Vicki Carmichael asked Brown several times if he understood that he was waiving his right to appeal his sentence. He answered in the affirmative.

He now appeals his sentence of two 20-year concurrent terms with four years suspended to probation. The appellate judges, citing Creech v. State, 887 N.E.2d 73, 77 (Ind. 2008), affirmed the sentencing, finding he waived his right to appeal it.

 

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