Proffitt v. Cupp

Petitioner sought post-conviction relief in the circuit court of Marion County. The hearing thereon was held and relief denied. From the judgment entered petitioner appeals.

The petitioner entered a plea of guilty to rape and was sentenced to 20 years in prison. The burden of petitioner’s plea of denial of his constitutional rights is that (1) at the time he pleaded guilty to the rape charge he was not advised of, nor did he know, that he could receive a life sentence, and (2) the record of the guilty plea proceeding did not affirmatively show that he had been advised that he was entitled to…