Turman v. State

392 N.E.2d 483, 271 Ind. 332
CourtIndiana Supreme Court
DecidedAugust 1, 1979
Docket179S11
StatusPublished
Cited by75 cases

This text of 392 N.E.2d 483 (Turman v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turman v. State, 392 N.E.2d 483, 271 Ind. 332 (Ind. 1979).

Opinions

HUNTER, Justice.

The petitioner is before this Court appealing from the denial of his petition for relief under Post-Conviction Relief, Rule 1. The petitioner had previously entered a guilty plea to rape, Ind.Code § 35-13-4-3 (Burns 1975), and was sentenced to a determinate term , of fifteen years. He now appeals raising the following issue:

Whether the trial court erred in determining that the guilty plea record was sufficient to support a finding that the guilty plea was knowingly, intelligently and voluntarily entered.

The facts from the record indicate that the petitioner, who was represented by counsel, entered into a plea agreement with the state. Said agreement was filed with the trial court on March 18,1976. The plea agreement, signed by defendant, detailed certain rights which defendant waived by virtue of his guilty plea. At the time the plea agreement was filed, the trial judge conducted an examination of petitioner regarding certain of petitioner’s rights and determining petitioner’s understanding of the charge against him.

Petitioner contends that his guilty plea was not voluntarily, entered. In considering the voluntariness of a guilty plea we start with the standard that the record of the guilty plea proceeding must demonstrate that the defendant was advised of his constitutional rights and knowingly and voluntarily waived them. Boykin v. Alabama, (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. Our Court has consistently held that the record must provide a suffi[485]*485cient basis for the conclusion that the defendant was meaningfully informed of the specific rights enumerated in Boykin. Laird v. State, (1979) Ind., 385 N.E.2d 452; Williams v. State, (1975) 263 Ind. 165, 325 N.E.2d 827. We now hold that the record must also provide a sufficient basis for the conclusion that the defendant was meaningfully informed of the rights and law detailed in West’s Ann.Ind.Code § 35—4.1-1-3 (1978).

That statute provides:

“Defendant to be advised by court. The court shall not accept a plea of guilty from the defendant without first addressing the defendant and
“(a) determining that he understands the nature of the charge against him;
“(b) informing him that by his plea of guilty he is admitting the truth of all facts alleged in the indictment or information or to an offense included thereunder and that upon entry of such plea the court shall proceed with judgment and sentence;
“(c) informing him that by his plea of guilty he waives his rights to a public and speedy trial by jury, to face the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to require the state to prove his guilt beyond a reasonable doubt at a trial at which the defendant may not be compelled to testify against himself;
“(d) informing him of the maximum possible sentence and minimum sentence for the offense charged and of any possible increased sentence by reason of the fact of a prior conviction or convictions, and of any possibility of the imposition of consecutive sentences;
“(e) informing him that the court is not a party to any agreement which may have been made between the prosecutor and the defense and is not bound thereby.”

The rule of Boykin, supra, and West’s Ann.Ind.Code § 35—4.1-1-3 (1978) have undergone considerable interpretation by this Court of late. In Williams v. State, supra, the record made at the post-conviction hearing established that the petitioner made a knowing and intelligent waiver of his rights. The Court held that a “defendant’s guilty plea is not tainted merely because the trial court fails to repeat defendant’s rights for him . . .” 263 Ind. at 176, 325 N.E.2d at 833. The Court then emphasized that the record must provide a basis for concluding that the defendant was meaningfully informed of his Boykin rights. The Williams case involved a guilty plea entered prior to the effective date of the statute. In a footnote, the Court noted that a different result might be called for under the statute.

In Neeley v. State, (1978) Ind., 382 N.E.2d 714, this Court held that, while a strict following of West’s Ann.Ind.Code § 35-4.1-1-3 (1978) would be the preferred practice, this Court will look to the entire record to determine if a defendant was fully advised of and understood his constitutional rights. In applying the rule of Neeley, this Court has held that when the record shows that a plea agreement was entered into which adequately informed the defendant of his constitutional rights, reversal is not required merely because the trial judge inadvertently failed to orally inquire whether appellant understood his right to compulsory process. Clark v. State, (1978) Ind., 383 N.E.2d 321.

With the Williams, Neeley and Clark cases in mind we now review the entire record in the case at bar as it relates to petitioner’s guilty plea. The United States Supreme Court in Boykin v. Alabama, supra, held that a defendant must be advised of his privilege against self-incrimination, his right to trial by jury and his right to confront his accusers. All of these rights are specifically enumerated in the Indiana statute. West’s Ann.Ind.Code § 35-4.1-1-3(c) (1978) provides that the court shall inform the defendant

“that by his plea of guilty he waives his rights to a public and speedy trial by jury, to face the witnesses against him and to require the state ■ to prove his guilt beyond a reasonable doubt at a trial at which the defendant may not [486]*486be compelled to testify against himself . . ."

At the time the trial court accepted petitioner’s guilty plea and sentenced petitioner, the court inquired into petitioner’s understanding of his rights. The court addressed the petitioner as follows:

Q. “All right. Now, before I can accept your plea I want to ask you if you understand certain points and I believe, Mr. Katz, you have gone over these points previously with the De-' fendant?”
BY MR. KATZ: “Yes, sir.”
BY THE COURT:
Q. “The fact that you waive your right to a speedy and public trial and impartial jury, do you understand that?”
A. “Yes.”

Furthermore, the plea agreement, signed by petitioner included the following advise-ments of rights he would have if he pleaded not guilty:

“6.

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Bluebook (online)
392 N.E.2d 483, 271 Ind. 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turman-v-state-ind-1979.