Neville v. State

PRENTICE, Justice.

Petitioner (Appellant) was convicted of Burglary, Ind.Code § 35-43-2-1 (Burns 1979) and sentenced to fifteen (15) years imprisonment. This appeal from the denial of a petition for post-conviction relief seeks review from two issues:(1) Whether the plea of guilty was induced by the promise of a suspended sentence.(2) Whether the trial court erred in sentencing the petitioner.

On April 14, 1978, petitioner and an accomplice broke into a residence with the intent to commit theft therein, but were interrupted by the owner of the gnsidence. After they threatened the owner, they…