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Judges differ in stipulation matter

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A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.

In Emmanuel Stringer v. State of Indiana, No. 49A02-0806-CR-536, Judge Nancy Vaidik dissented from the majority's affirmation of Emmanuel Stringer's convictions of auto theft and operating never having received a license. Judges Patricia Riley and Carr Darden found Stringer effectively pleaded guilty to an enhancement of auto theft as a Class C felony after he stipulated the prior conviction. The state had introduced a certified copy of prior auto theft and receiving stolen parts convictions of Stringer's. His defense counsel declined to object because there was no basis for objecting to the testimony. Stringer was sentenced to 6-years executed on the auto theft as a Class C felony conviction and 60 days on the operating a vehicle never having received a license conviction.

Stringer appealed, arguing the trial court didn't properly advise him of the rights he was waiving. Citing Vanzandt v. State, 730 N.E.2d 721, 725 (Ind. Ct. App. 2000), the majority ruled Stringer effectively pleaded guilty to the enhancement of auto theft to a Class C felony after his defense attorney stipulated to the prior conviction. Since he pleaded guilty, Stringer's challenge of the knowing and voluntary nature of his plea can't be made by direct appeal, but must be done through a petition for post-conviction relief, wrote Judge Riley.

In her dissent, Judge Vaidik wrote she believed Stringer stipulated to the admission of the certified copy of his prior conviction for auto theft and based on that, the trial court found him guilty of the enhancement. She would affirm the trial court, finding Stringer properly brought this direct appeal.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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

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  5. 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

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