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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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