ILNews

COA: Man didn't waive right to appeal sentence

Jennifer Nelson
January 1, 2009
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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.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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