CHAPTER 1. PLEAS
IC 35-35
ARTICLE 35. PLEADING AND PROCEDURE
IC 35-35-1
Chapter 1. Pleas
IC 35-35-1-1
Guilty or guilty but mentally ill at time of crime; aid of counsel
Sec. 1. A plea of guilty, or guilty but mentally ill at the time of thecrime, shall not be accepted from a defendant unrepresented bycounsel who has not freely and knowingly waived his right tocounsel.
As added by Acts 1981, P.L.298, SEC.4.
IC 35-35-1-2
Guilty plea; advertisement of rights
Sec. 2. (a) The court shall not accept a plea of guilty or guilty butmentally ill at the time of the crime without first determining that thedefendant:
(1) understands the nature of the charge against him;
(2) has been informed that by his plea he waives his rights to:
(A) a public and speedy trial by jury;
(B) confront and cross-examine the witnesses against him;
(C) have compulsory process for obtaining witnesses in hisfavor; and
(D) require the state to prove his guilt beyond a reasonabledoubt at a trial at which the defendant may not be compelledto testify against himself;
(3) has been informed of the maximum possible sentence andminimum sentence for the crime charged and any possibleincreased sentence by reason of the fact of a prior conviction orconvictions, and any possibility of the imposition ofconsecutive sentences;
(4) has been informed that the person will lose the right topossess a firearm if the person is convicted of a crime ofdomestic violence (IC 35-41-1-6.3); and
(5) has been informed that if:
(A) there is a plea agreement as defined by IC 35-35-3-1;and
(B) the court accepts the plea;
the court is bound by the terms of the plea agreement.
(b) A defendant in a misdemeanor case may waive the rightsunder subsection (a) by signing a written waiver.
(c) Any variance from the requirements of this section that doesnot violate a constitutional right of the defendant is not a basis forsetting aside a plea of guilty.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.179-1984,SEC.1; P.L.313-1985, SEC.1; P.L.195-2003, SEC.3.
IC 35-35-1-3 Voluntary plea; factual basis
Sec. 3. (a) The court shall not accept a plea of guilty or guilty butmentally ill at the time of the crime without first determining that theplea is voluntary. The court shall determine whether any promises,force, or threats were used to obtain the plea.
(b) The court shall not enter judgment upon a plea of guilty orguilty but mentally ill at the time of the crime unless it is satisfiedfrom its examination of the defendant or the evidence presented thatthere is a factual basis for the plea.
(c) A plea of guilty or guilty but mentally ill at the time of thecrime shall not be deemed to be involuntary under subsection (a)solely because it is the product of an agreement between theprosecution and the defense.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983,SEC.16; P.L.179-1984, SEC.2.
IC 35-35-1-4
Withdrawal of plea; motion; requisites; procedures
Sec. 4. (a) A motion to withdraw a plea of not guilty for thepurpose of entering a plea of guilty, or guilty but mentally ill at thetime of the crime, may be made orally in open court and need notstate any reason for the withdrawal of the plea.
(b) After entry of a plea of guilty, or guilty but mentally ill at thetime of the crime, but before imposition of sentence, the court mayallow the defendant by motion to withdraw his plea of guilty, orguilty but mentally ill at the time of the crime, for any fair and justreason unless the state has been substantially prejudiced by relianceupon the defendant's plea. The motion to withdraw the plea of guiltyor guilty but mentally ill at the time of the crime made under thissubsection shall be in writing and verified. The motion shall statefacts in support of the relief demanded, and the state may filecounter-affidavits in opposition to the motion. The ruling of the courton the motion shall be reviewable on appeal only for an abuse ofdiscretion. However, the court shall allow the defendant to withdrawhis plea of guilty, or guilty but mentally ill at the time of the crime,whenever the defendant proves that withdrawal of the plea isnecessary to correct a manifest injustice.
(c) After being sentenced following a plea of guilty, or guilty butmentally ill at the time of the crime, the convicted person may not asa matter of right withdraw the plea. However, upon motion of theconvicted person, the court shall vacate the judgment and allow thewithdrawal whenever the convicted person proves that withdrawal isnecessary to correct a manifest injustice. A motion to vacatejudgment and withdraw the plea made under this subsection shall betreated by the court as a petition for postconviction relief under theIndiana Rules of Procedure for Postconviction Remedies. Forpurposes of this section, withdrawal of the plea is necessary tocorrect a manifest injustice whenever:
(1) the convicted person was denied the effective assistance ofcounsel; (2) the plea was not entered or ratified by the convicted person;
(3) the plea was not knowingly and voluntarily made;
(4) the prosecuting attorney failed to abide by the terms of aplea agreement; or
(5) the plea and judgment of conviction are void or voidable forany other reason.
The motion to vacate the judgment and withdraw the plea need notallege, and it need not be proved, that the convicted person isinnocent of the crime charged or that he has a valid defense.
(d) A plea of guilty, or guilty but mentally ill at the time of thecrime, which is not accepted by the court or is withdrawn shall notbe admissible as evidence in any criminal, civil, or administrativeproceeding.
(e) Upon any motion made under this section, the moving partyhas the burden of establishing his grounds for relief by apreponderance of the evidence. The order of the court upon a motionmade under subsection (b) or (c) of this section shall constitute afinal judgment from which the moving party or the state may appealas otherwise provided by law. The order of the court upon a motionmade under subsection (a) of this section is not a final judgment andis not appealable but is reviewable upon appeal from a finaljudgment subsequently entered.
As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982,P.L.204, SEC.25; P.L.320-1983, SEC.17.