Rhoades v. State

661 N.E.2d 608, 1996 Ind. App. LEXIS 163, 1996 WL 80043
CourtIndiana Court of Appeals
DecidedFebruary 27, 1996
Docket25A03-9506-CR-184
StatusPublished
Cited by2 cases

This text of 661 N.E.2d 608 (Rhoades v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhoades v. State, 661 N.E.2d 608, 1996 Ind. App. LEXIS 163, 1996 WL 80043 (Ind. Ct. App. 1996).

Opinions

OPINION

STATON, Judge.

Sevilla Rhoades (“Rhoades”) appeals the denial of the withdrawal of her guilty plea. She presents two issues for our review which we consolidate into one and restate as: whether the trial court abused its discretion in not allowing Rhoades to withdraw her guilty plea.

We reverse and remand.

The facts most favorable to the State reveal that on March 9, 1993, Fulton County Deputy Sheriff Douglas Kline was dispatched to a two-car automobile accident. Deputy Kline asked Rhoades, who was the driver of one of the automobiles, for her license and registration. She produced her license and stated that her registration was in her glove box. Deputy Kline opened the door of Rhoades’ automobile and observed a blue ceramic pipe on the front seat. The deputy noted that the pipe smelled of burned marijuana. Rhoades was taken to the hospital and Deputy Kline followed. The deputy informed Rhoades of Indiana’s Implied Consent Law.1 Rhoades provided blood and urine samples. Her blood sample tested negative for alcohol and the urine sample [610]*610tested positive for cannabinoids and benzo-diazepine.

On November 19, 1993, the State charged Rhoades with operating a vehicle with a controlled substance in her blood.2 This offense was enhanced to a class D felony based on Rhoades’ 1991 conviction of driving while intoxicated.3 On November 30, 1994, Rhoades entered into a plea agreement which provided that she plead guilty to the operating charge.4 That same day, the court conducted a guilty plea hearing and accepted Rhoades guilty plea.

After the guilty plea hearing, Rhoades hired new counsel. On February 15, 1995, Rhoades filed a motion to withdraw her guilty plea. On that same day, the trial court conducted a brief hearing and later denied Rhoades’ motion. On March 8, 1995, the trial court conducted a sentencing hearing, in which the court entered judgment of a class A misdemeanor and sentenced Rhoades to one year of probation. This appeal ensued.

Rhoades contends that the trial court erred in denying her motion to withdraw her guilty plea. She argues that there is an insufficient factual basis for acceptance of her guilty plea.

The procedure to be used by a defendant in withdrawing a guilty plea before sentencing is set forth in IND.CODE § 35-35-1 — 4(b) (1993). The court shall grant such a request only if a defendant proves that withdrawal of the plea “is necessary to correct a manifest injustice.” Id. The court must deny a motion to withdraw a guilty plea if the withdrawal would result in substantial prejudice to the State. Id. Except in these two circumstances, disposition of the petition is at the discretion of the court. Id.; Coomer v. State, 652 N.E.2d 60, 61-2 (Ind.1995). When the trial court denies a motion for withdrawal of a guilty plea, we will indulge a presumption in favor of the ruling. Coomer, supra, at 62; Fletcher v. State, 649 N.E.2d 1022, 1023 (Ind.1995). Only where the record shows that the trial court abused its discretion is reversal warranted. Bewley v. State, 572 N.E.2d 541, 543 (Ind.Ct.App.1991), trans. denied.

A trial court may not accept a guilty plea unless satisfied that there is a sufficient factual basis for the plea. IND. CODE § 35-35-l-3(b) (1993). When sufficiency is challenged, we neither reweigh the evidence nor judge the credibility of witnesses. When there is substantial evidence of probative value to support the trial court’s finding, we will uphold that finding. Snowe v. State, 533 N.E.2d 613, 618 (Ind.Ct.App.1989).

A sufficient factual basis may be established in several ways: 1) by the State’s presentation of evidence on the elements of the charged offenses; 2) the defendant’s sworn testimony regarding the events underlying the charges; 3) the defendant’s admission of the truth of the allegations in the information read in open court; or 4) the defendant’s acknowledgment that she understands the nature of the crimes charged and that her plea is an admission of the charges. Minor v. State, 641 N.E.2d 85, 89 (Ind.Ct.App.1994), trans. denied.

We begin our analysis with the first method of establishing a factual basis. The State introduced several exhibits into evidence to prove the elements of the charges. One of the exhibits was a lab report which indicated that Rhoades’ blood tested negative for alcohol. Record, p. 119. Another lab report stated that her urine tested positive for cannabinoids and benzodiazepine, which indicate the presence of marijuana. Record, p. 120. Thus, the State failed to offer evidence that Rhoades had marijuana in her blood, as required by the clear language of IC 9-30-5-l(b). Estes v. State, 656 N.E.2d 528 (Ind.Ct.App.1995); Hoornaert v. State, 652 N.E.2d 874 (Ind.Ct.App.1995); Moore v. State, 645 N.E.2d 6 (Ind.Ct.App.1994).

The second method is the defendant’s sworn testimony regarding the events underlying the charges. Minor, supra. Here, [611]*611there was no sworn testimony by Rhoades as to the facts underlying the charge. While there was a reading of the information by the prosecutor, there was no admittance of the allegations by Rhoades. The trial judge did not ask Rhoades whether she admitted the facts which would constitute the crime.5 In addition, there was no verbal interchange between the trial judge and Rhoades regarding the effect of her plea as an admission. See Snowe, supra, at 618.6 Thus, this method is also insufficient to establish a factual basis.

Third, Rhoades did not admit the truth of the allegations contained in the information. A proper factual basis is established where the prosecutor states the facts, the prosecutor reads the information, the judge asks the defendant whether he admits the alleged acts, and the defendant admits the truth of the allegations. Stockey v. State, 508 N.E.2d 793, 795 (Ind.1987); Snowe, supra, at 617-18 (emphasis added). It is true that the trial judge read the information in open court. Record, pp. 90-2. Immediately thereafter, the prosecutor read the relevant statutes. Record, pp. 92-6. Rhoades was asked if she understood the charges against her and the penalties. She was also asked if she understood that the State would have to prove the elements of the offenses beyond a reasonable doubt. Record, pp. 96-7. However, she was not asked whether she admitted the truth of the allegations in the information. Therefore, a sufficient factual basis was not established under this method.

Finally, the State argues that a sufficient factual basis was established under the fourth method, the defendant’s acknowledgment that she understands the nature of the crimes charged and

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Related

Rhoades v. State
675 N.E.2d 698 (Indiana Supreme Court, 1996)
Rhoades v. State
661 N.E.2d 608 (Indiana Court of Appeals, 1996)

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Bluebook (online)
661 N.E.2d 608, 1996 Ind. App. LEXIS 163, 1996 WL 80043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoades-v-state-indctapp-1996.