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Campbell v. State

Court of Appeals of Indiana

October 2, 2014

ROBERT CAMPBELL, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE WAYNE SUPERIOR COURT. The Honorable Charles K. Todd, Jr., Judge. Cause No. 89D01-1203-MR-5.

ATTORNEY FOR APPELLANT: JEFFREY T. ARNOLD, Richmond, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MONIKA PREKOPA TALBOT, Deputy Attorney General, Indianapolis, Indiana.

MATHIAS, J. and CRONE, J. concur.

OPINION

Page 1022

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant, Robert Campbell (Campbell), brings an interlocutory appeal of the trial court's Order granting the State's Motion to Withdraw from Plea Agreement.

We affirm.

ISSUE

Campbell raises one issue on interlocutory appeal, which we restate as follows: Whether the trial court abused its discretion by granting the State's Motion to Withdraw from Plea Agreement.

FACTS AND PROCEDURAL HISTORY

On March 20, 2012, police officers discovered the deceased body of Mike Sekse (Sekse) inside a shed in Richmond, Wayne County, Indiana. Five males, including eighteen-year-old Campbell, were subsequently arrested in connection with Sekse's death. On March 28, 2012, the State filed an Information charging Campbell with one Count of murder, Ind. Code § 35-42-1-1; one Count of felony murder, I.C. § 35-42-1-1(2); two Counts of robbery resulting in serious bodily injury, Class A felonies, I.C. § 35-42-5-1(1); one Count of robbery while armed with a deadly weapon, a Class B felony, I.C. § 35-42-5-1(1); two Counts of conspiracy to commit robbery resulting in serious bodily injury, Class A felonies, I.C. § § 35-42-5-1(1), 35-41-5-2; and two Counts of conspiracy to commit robbery while armed with a deadly weapon, Class B felonies, I.C. § § 35-42-5-1(1), 35-41-5-2. On May 9, 2012, pursuant to Indiana Code section 35-50-2-9, the State filed an Information seeking to sentence Campbell to life imprisonment without parole.

On May 16, 2013, Campbell and the State entered into a Plea Agreement, in which Campbell agreed to plead guilty to Count I, murder. In exchange for Campbell's acknowledgment that he intentionally killed Sekse during the commission of a robbery, the State agreed to dismiss the eight other charges. The Plea Agreement provided that the trial court would have the discretion to determine Campbell's sentence, including the possibility of life imprisonment without parole. As part of the deal, Campbell " agree[d] to voluntarily and completely testify at any proceeding ...


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