ILNews

Court reverses conviction over letter

Back to TopCommentsE-mailPrintBookmark and Share

A man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals because a letter he wrote while trying to negotiate a plea agreement - which was rejected - shouldn't have been admitted at his trial.

In Gabino Gonzalez v. State of Indiana, No. 82A01-0809-CR-406, Gabino Gonzalez argued the admittance of the letter was an error because it was hearsay and should be inadmissible because it was part of guilty plea negotiations. Gonzalez wrote a letter to the school corporation of the school bus he hit after running a stop sign. In the letter, he apologized for the accident and admitted he drank the day of the accident. He also asked the school corporation to show him compassion.

The trial court took Gonzalez's plea agreement under advisement and reset its sentencing date to allow the school corporation time to decide whether to object the plea agreement. The trial court rejected the agreement and the letter was admitted into evidence over Gonzalez's objection.

His letter was a privileged communication that shouldn't have been admitted into evidence because it was written as part of the plea negotiation process based on Indiana Code Section 35-35-3-4 and Ind. Evidence Rule 410, wrote Judge Melissa May.

The judge noted Rule 410 provides no test for determining whether a statement was made "in connection with" a plea offer. The Court of Appeals used Gilliam v. State, 650 N.E.2d 45, 49 (Ind. Ct. App. 1995), and Stephens v. State, 588 N.E.2d 564, 566 (Ind. Ct. App. 1992), to support its holding the letter shouldn't have been admitted at trial.

"Gonzalez's letter to the School was akin to Stephens' statement to the pre-sentence investigator, as it included 'information concerning the "circumstances attending the commission of the offense,"' and it undoubtedly had 'as its ultimate purpose the reduction of punishment or other favorable treatment from the State to the defendant,'" wrote the judge.

The appellate court also found Mundt v. State, 612 N.E.2d 566, 568 (Ind. Ct. App. 1993), to be distinguishable from the instant case because the sentencing court effectively introduced another party - the school corporation - into the plea negotiation process. Mundt's testimony regarding the accomplice came after he and the state reached a plea agreement. Once the plea negotiations ended, the protections of I.C. Section 35-35-3-4 were rendered inapplicable, she wrote.

The admittance of the letter also wasn't a harmless error as the state contended, because the letter was tantamount to a confession. The letter likely had a significant effect on the jury and its admission was reversible error even if there was other evidence before the jury that could support the conviction, wrote Judge May.

The case was remanded for a new trial.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT