Snow v. State

195 N.E.2d 468, 245 Ind. 423, 1963 Ind. LEXIS 248

Opinions

Per Curiam.

— The record in this case shows that “appellant” Snow, prior to August 5, 1963, was charged by affidavit with aggravated assault in the Putnam Circuit Court. On August 5, 1963, he pleaded guilty to that charge and thereupon was sentenced to a term in prison from one to five years. The sentence was suspended and appellant was placed on probation. On petition filed by the Prosecuting Attorney, and after a hearing thereon, the trial court revoked appellant’s probation on September 11, 1963, and ordered appellant committed to the Indiana State Prison.

Appellant filed with the Clerk of this Court, on November 1, 1963, what is designated as a “Motion for Extension of Time.” In this, he states that he de sires to appeal to this court from the judgment entered against him, in forma pauperis, and asks for a transcript at the State’s expense.

In his petition, appellant makes the following statement:

“That Appellant desires to appeal to the Indiana Supreme Court from the aforesaid judgment, and that he desires to and will assign as error in said appeal that, among other things, Appellant’s plea of guilty was not freely and understandingly made, and that Appellant was denied the right to be represented by counsel during the trial proceedings and the proceedings to revoke his probation, all in violation of Article 1, Sections 12 and 13, Indiana Constitution, and the 14th Amendment to the United States Constitution.”

It has been held many times by this court that where a defendant has entered a plea of guilty, or accepted a suspended sentence, there can be no appeal taken from the judgment entered therein. Ledgerwood v. State (1893), 134 Ind. 81, 33 N. E. 631; Meyers v. State (1901), 156 Ind. 388, 59 N. E. 1052; Jackson v. State (1903), 161 Ind. 36, 67 N. E. 690; Carr v. State (1924), 194 Ind. 162, 142 N. E. 378; Sutton v. State (1963), 244 Ind. 368, 191 N. E. 2d 104.

As a transcript and assignment of errors may not be filed in this case, appellant’s “Motion for Extension of Time” presents nothing to us. It is therefore ordered that it be stricken from the records in the Clerk’s Office.