Tuesday, February 17, 2009
Ind. Decisions - Supreme Court decides one today
In Bruce Wayne St. Clair, Jr. v. State of Indiana, an 8-page, 5-0 opinion, Chief Justice Shepard writes:
Appellant Bruce Wayne St. Clair, Jr. pled guilty under a plea agreement that recommended a three-year sentence. The court accepted the plea, approved the agreement, and imposed sentence in accordance with it.
St. Clair now asserts that because the plea agreement “recommended” three years, the trial court was authorized to impose any lawful sentence, a sentence subject to further consideration on direct appeal. We hold that it was not. Once the trial court approved the agreement, it was bound to impose the sentence specified in the agreement. There was therefore nothing to appeal.
Posted by Marcia Oddi on February 17, 2009 01:16 PM
Posted to Ind. Sup.Ct. Decisions