ILNews

Justices: Evidence of dismissed crimes allowable for post-conviction relief

Back to TopCommentsE-mailPrintBookmark and Share

A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.

“Unless the evidence is forbidden by terms of the plea agreement, the trial court judge may consider all evidence properly before him,” Justice Steven David wrote for the unanimous court in Curtis A. Bethea v. State of Indiana, 18S05-1206-PC-304.

Bethea was one of four people charged in connection with the 2005 burglary of a home in which a male resident was pistol-whipped and bound with duct tape and a female resident was pulled from bed and thrown to the floor as the burglars ransacked the home looking for money and drugs.

The trial court weighed aggravating and mitigating factors and sentenced Bethea to 40 years in prision, the maximum allowable penalty for two Class B felony charges. Delaware Circuit Judge Marianne Vorhees denied post-conviction relief, which was affirmed by the Court of Appeals and upheld in Tuesday’s ruling.

Bethea “claims a trial court cannot aggravate a defendant’s sentence with an essential element of a charge that was dismissed pursuant to a plea agreement,” David wrote. “We hold that the trial court finding that the injury suffered by the victim to be an aggravating factor was proper despite the plea agreement that dismissed that count” of Class A felony burglary resulting in bodily injury.

The court’s ruling also sought to clarify the parameters of plea agreements.

“As Senior Judge (Randall) Shepard wrote recently, ‘a defendant receives the full benefit of his bargain when multiple charges are dismissed in accordance with the agreement.’ Sexton v. State, 968 N.E.2d 837, 841 (Ind. Ct. App. 2012). Our opinion today seeks to clarify this issue for trial courts, and to eliminate the application to guilty pleas with plea agreements.

“Our opinion today does not foreclose the possibility of the Defendant bargaining as to what can and cannot be potential aggravating and mitigating factors. It is well within the purview of contract law, and consequentially … the law as it relates to plea bargains, for the Defendant to bargain and the State to accept a plea bargain that forecloses the possibility of the trial court using enhancements from the underlying charges that were dismissed, or from the original charges from which a lesser included plea is taken. However, if a plea bargain lacks such language, we hold it is not necessary for a trial court to turn a blind eye to the facts of the incident that brought the defendant before them.”

In Bethea, justices rejected arguments of ineffective counsel but concluded that the court erred in stating he had been convicted of possession of cocaine with intent to distribute when he had pleaded guilty to the lesser included offense of possession of cocaine. The error was insignificant, though, David wrote, because it “did not change the fact that Bethea had in fact been convicted of a felony for possessing cocaine, which was also part of a pattern of Bethea’s involvement in criminal activity.”

 

ADVERTISEMENT

  • Plea agreements,
    This is BS, if it is not in the plea agreement, then it is out of the plea agreement. The court of appeals needs to review past cases, because this is their decision not mine. IC 35-35-3-3(e) states that if the court accepts a plea agreement, that it shall be bound by its terms and is precluded from imposing any other sentence that called for in the plea agreement. Common sense dictates that consideration of dismissed charges cannot be used to enhance a sentence. This is the reason every person arrested needs to demand a jury trial. More than 90% of convictions are by plea agreement that is how often the prosecution doesn't have enough evidence to get a conviction. Do not let prosecutors intimi9date you with threats that they can't back up!

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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT