David Boyle v. State of Indiana

BOEHM, Justice.

On January 23, 1995, David R. Boyle pleaded guilty to one count of class A felony burglary, one count of class A felony criminal deviate conduct, and one count of class A felony attempted rape. Pursuant to the plea agreement, the court was free to determine Boyle’s sentence but could not impose executed time in excess of thirty-five years. Before accepting the plea, the trial court advised Boyle that he would give up the right to appeal his conviction, but Boyle was not told that he had a right to appeal his sentence.

At the time of Boyle’s crime, the presumptive sentence for a…