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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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