Higgason v. State

DeBRULER, Justice.

Petitioner-appellant, James H. Higgason, Jr., was indicted in 1975 on a charge of first degree murder, Ind.Code Ann. § 35-13-4-1 (Burns 1975) (repealed). He entered a plea of guilty to second degree murder, Ind.Code Ann. § 35-l-54-l(b) (Burns 1975) (repealed), and was sentenced to imprisonment for a term of fifteen to twenty-five years.

In October, 1979, Higgason filed a petition for post-conviction relief pursuant to Ind.R.P.C. 1, alleging two grounds:

1. The failure of the sentencing court to advise him pursuant to the requirements of Ind.Code Ann. § 35-4.1-1-3 (Burns 1979).

2…