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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT