Legal Opinion

Clay v. State

Indiana Court of Appeals

Decided March 20, 2008No. 48A02-0706-CR-521PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BAKER, Chief Judge.

Appellant-defendant Darvous Clay appeals his thirty-two-year sentence for Burglary, 1 a class A felony. Specifically, Clay argues that (1) the provision of his plea agreement waiving his right to directly appeal his sentence is unenforceable, and (2) his sentence is inappropriate. We find the provision of the plea agreement in which Clay waived his right to directly appeal his sentence to be unenforceable because of the lack of evidence showing that Clay understood that he was waiving that right when he entered into the plea agreement. However, we do not find Clay’s…

2Cases cited5 opinions

  1. Childress v. StateIndiana Supreme Court · 2006
  2. Lee v. StateIndiana Supreme Court · 2004
  3. Foster v. StateIndiana Court of Appeals · 2003
  4. Majors v. StateIndiana Court of Appeals · 1991
  5. Perez v. StateIndiana Court of Appeals · 2007

3Cited by3 opinions

  1. Brattain v. StateIndiana Court of Appeals · 2008
  2. State v. HenryCourt of Appeals of Alaska · 2010
  3. State v. HenryCourt of Appeals of Alaska · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API