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Stout v. State

Court of Appeals of Indiana

February 13, 2014

ANDREW T. STOUT, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE PERRY CIRCUIT COURT. The Honorable Lucy Goffinet, Judge. Cause No. 62C01-1109-FB-636.

ATTORNEY FOR APPELLANT: KIMBERLY A. JACKSON, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; KARL M. SCHARNBERG, Deputy Attorney General, Indianapolis, Indiana.

BROWN, Judge. ROBB, J., and BARNES, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge.

Andrew T. Stout appeals the denial of his motion to withdraw his guilty pleas for burglary as a class B felony and theft as a class D felony. Stout raises one issue which we revise and restate as whether the trial court abused its discretion in denying his request to withdraw his guilty pleas. On cross-appeal, the State asserts that the trial court abused its discretion by allowing Stout to file a belated notice of appeal. We affirm.

FACTS AND PROCEDURAL HISTORY

On September 9, 2011, the State charged Stout with Count I, burglary as a class B felony; and Count II, theft as a class D felony under cause number 62C01-1109-FB-636 (" Cause No. 636" ). Count I alleged that between July 1, 2011, and July 6, 2011, Stout broke and entered the dwelling of Daniel Blandford with the intent to commit a felony therein. Count II alleged that on the same date, time, and location he knowingly exerted unauthorized control over Blandford's property including custom fishing poles, tackle, power tools, leaf blowers, a saw, and firearms. On March 2, 2012, the court released Stout on bond with the conditions that he be employed full-time, participate in the Perry County Community Corrections Day Reporting Program, and be placed on GPS House Monitoring through community corrections and to be either at home or at work. On April 4, 2012, Stout filed a motion to allow him to attend Narcotics Anonymous meetings, and the trial court granted the motion on April 9, 2012.

On April 18, 2012, Stout filed a plea agreement in which he agreed to plead guilty as charged and the State agreed that he would be sentenced to the Department of Correction for concurrent executed terms of six years on Count I and two years on Count II for an aggregate sentence of six years.

That same day, the court held a pretrial conference with respect to Cause No. 636 and six other causes involving Stout. Stout indicated that he wished to plead guilty in this cause as well as other causes. The court informed Stout of his rights including the right to an appeal, and Stout indicated that he understood his rights. The court informed Stout that he would be giving up his rights as a result of his plea of guilty. Stout indicated that no one threatened him into pleading guilty and that he was pleading guilty voluntarily. The court found that Stout's pleas were made knowingly, voluntarily, and intelligently. The court also indicated that it was taking the plea agreement under advisement, ordered the probation department to prepare a presentence investigation report, and scheduled a sentencing hearing for May 16, 2012.

On May 9, 2012, Stout filed a verified motion to withdraw guilty plea and plea agreement in Cause No. 636 as well as three other cause numbers, alleging that the State's best interest and Stout's rehabilitation would be better served by a direct commitment to house arrest under the supervision of the Perry County Community ...


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