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Burchett v. State

Court of Appeals of Indiana

February 28, 2014

JOHNNY LEON BURCHETT, 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 SHELBY CIRCUIT COURT. The Honorable David N. Riggins, Special Judge. Cause No.73C01-1112-FB-35.

ATTORNEY FOR APPELLANT: GILDA W. CAVINESS, Caviness Law Office, LLC, Rushville, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ANDREW FALK, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. BAILEY, J., and BRADFORD, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge.

Johnny Leon Burchett appeals the denial of his motion for continuance and request to withdraw his guilty plea. We affirm.

FACTS AND PROCEDURAL HISTORY

On December 21, 2011, Burchett was charged with possession of methamphetamine, possession of paraphernalia, possession of paraphernalia with a prior conviction, and public intoxication. Burchett and the State reached an agreement whereby Burchett would plead guilty to Class B felony possession of methamphetamine.[1] The agreement specified that Burchett was accepting an open plea, with a sentence cap of twelve years executed.

During his guilty plea hearing Burchett testified under oath that he understood his plea agreement and was not under the influence of drugs or alcohol. He affirmed that he understood that his sentence for the plea in the case before us would be consecutive to any sentence in a case pending in Decatur County. Burchett reviewed the plea agreement with his attorney and expressed his happiness with the services his attorney provided. Burchett testified he understood that under the twelve year cap, the sentence could include house arrest, probation, and executed time. The trial court accepted the plea after it found Burchett knowingly, intelligently, and voluntarily entered his plea and that there was a factual basis for it.

Pending sentencing, Burchett was released on bond and placed on house arrest. One of Burchett's house arrest requirements was that he not consume alcohol. Burchett violated that requirement within a day, and the trial court ordered that he remain in custody for two weeks. On February 4, 2013, the State moved to revoke Burchett's bond because he had possessed and consumed methamphetamine in violation of the terms of his house arrest. Burchett admitted to community corrections officials that he had consumed drugs, and he tested positive for methamphetamine and amphetamine.

The sentencing hearing and the hearing on the State's motion to revoke Burchett's bond were held at the same time, on February 6. Burchett orally moved to withdraw his guilty plea and to continue his sentencing hearing in order to allow him to complete drug rehabilitation at Harbor Lights. The trial court denied both ...


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