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eBook details

• Title: Sandy Watson v. State Indiana
• Author : Supreme Court of Indiana No. 1271S352
• Release Date : January 28, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Appellant was charged by affidavit with the crime of possession of heroin. Appellant first entered a plea of not guilty. A motion to suppress evidence was filed. Appellant then moved the court to withdraw her plea of not guilty and enter a plea of guilty, which motion was granted. Pre-trial investigation was ordered, and appellant was subsequently sentenced to the Indiana State Women's Prison for a period of two to ten years. At the time of sentencing, the prosecuting attorney made a recommendation to the court that the sentence be suspended, stating to the court that representations had been made both to the appellant and her attorney that such a recommendation would be made, if appellant would cooperate with police officers in the procuring of other arrests concerning narcotics. At the time of sentencing, the State represented through the testimony of a police officer that the appellant had fully cooperated as she had promised, and that the State, therefore, felt she was entitled to consideration by way of a suspended sentence. When the trial court indicated that notwithstanding the promises to the appellant and notwithstanding her cooperation with police officers, he would impose an executed sentence, the attorney for appellant immediately moved the court that appellant be permitted to withdraw her plea of guilty, orally stating at that time, and supporting this statement later with an affidavit, that at the time the appellant moved to withdraw her plea of not guilty and enter a plea of guilty, it was done so by reason of the promises made by the prosecuting attorney and the police officers that a suspended sentence would be recommended in exchange for appellant's cooperation with authorities. There are two very compelling reasons why this Court should closely scrutinize a decision of this nature:

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