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Title: Richard M. Lawrence v. Ball State
Author : First District Court of Appeals of Indiana
Release Date : January 07, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Billy Nash appeals the trial courts denial of his motion for post-conviction relief under Ind. Rules of Procedure, Post-Conviction Rule 1. Nashs petition primarily alleged his guilty pleas to 19 counts of Theft[Footnote 1] were not made knowingly, intelligently and voluntarily and that the trial court failed to determine if such pleas were the result of any promises or threats. We find the record reveals the trial court did not address Nash and determine whether any promises, force, or threats were used to obtain his pleas, in violation of IND. CODE 35-4.1-1-4(a). We find this failure particularly significant in light of the prosecutors erroneous representations in plea negotiations that Nash was subject to eight habitual offender counts, for which there was no legal basis. We therefore find the guilty pleas were invalid, and the trial courts denial of Nashs petition is reversed.