Collins v. State

SULLIVAN, Justice.

In this case, we resolve a conflict in the Court of Appeals over whether an individual who pleads guilty to an offense in an "open plea" is entitled to challenge the sentence imposed by means of a petition of post-conviction relief. Following Taylor v. State, 780 N.E.2d 430 (Ind.Ct.App.2008), trans. denied, 804 N.E.2d 760 (Ind.20083), we hold that such claims must be raised on direct appeal if at all. We also point out that Ind. Post-Conviction Rule 2 may be available for this purpose.

Background

In October, 1996, Collins pled guilty to charges of child molesting as a Class B…