Gibson v. State

GIVAN, Chief Justice.

Appellant was charged with Murder, IC § 35-42-1-1(1) [Burns 1979]. His subsequent negotiations with the prosecutor resulted in a plea agreement that appellant would plead guilty to murder in return for a recommendation of a forty (40) year prison sentence. At the guilty plea hearing, appellant pled guilty and the trial judge sentenced him to forty (40) years imprisonment.

Appellant now claims his guilty plea should be vacated on the grounds that he did not enter it knowingly, voluntarily and intelligently because:(1) the trial court did not advise him of the possibility of…