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Dunn v. State

Court of Appeals of Indiana

May 26, 2015

Bobby Dunn, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Marion Superior Court; The Honorable Lisa Borges, Judge; 49G04-1311-FC-73907.

ATTORNEY FOR APPELLANT: Valerie K. Boots, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; James B. Martin, Deputy Attorney General, Indianapolis, Indiana.

May, Judge. Pyle, J., concurs. Barnes, J., dissents with separate opinion.

OPINION

May, Judge.

[¶1] Bobby Dunn and the State entered into a plea agreement, which the court accepted. Then on the morning of his sentencing hearing, the State moved to withdraw the plea agreement. The court granted the State's motion.

[¶2] We reverse and remand for sentencing.

Facts and Procedural History

[¶3] The State charged Dunn with Class D felony theft,[1] Class D felony attempted theft,[2] and two counts of Class C felony forgery.[3] Because Dunn had charges for which he was to turn himself in to federal authorities, he requested his court appearance be expedited. The court rescheduled Dunn's hearing before his surrender date to the federal authorities.

[¶4] The State, represented in court by Deputy Prosecutor Jeremy Teipen, and Dunn presented a plea agreement to the court whereby Dunn would plead guilty to theft and the State would dismiss all other pending charges. The agreement was

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signed for the State by Deputy Prosecutor Kevin E. Kelly, who also signed an affidavit at the end of the agreement indicating he had

informed the victim and/or the victim's representative of the fact that the State has entered into discussion with defense counsel concerning this agreement and of the contents of the State's recommendation, if any; and, that [Deputy Prosecutor Kelly] will notify the victim and his/her representative ...

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