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Defendant waived right to appeal sentence

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Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.

In Richard Hawkins v. State of Indiana, 79A02-1211-CR-958, Richard Hawkins agreed to plead guilty to Class A felonies dealing in cocaine and possession of cocaine in exchange for other drug charges to be dropped. The plea said the sentencing would be at the discretion of the trial court, other than Hawkins would receive concurrent sentences. It also contained language that he knowingly and voluntarily agrees to waive his right to appeal his sentence by entering into the plea.

Despite this waiver clause, Hawkins argues that he didn’t knowingly or voluntarily waive this right to appeal his sentence, pointing to the trial court’s advisement during the plea hearing that he is entitled to be represented by an attorney on appeal.

But the appellate court found by explaining that Hawkins has the right to an attorney, the trial judge did not contradict the waiver portion. Instead, read in the context of the hearing, the trial court merely explained Hawkins’ right to representation – a right clearly distinct from his right to appeal his sentence, Judge Patricia Riley wrote.

“By separating the right to appeal from the right to representation, the trial court properly advised Hawkins without contradicting itself or raising any ambiguities. We conclude that Hawkins knowingly and voluntarily waived his right to appeal his sentence,” she wrote.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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