Holmes v. State

On December 21, 1972, petitioner-appellant Fred Holmes, Jr. pleaded guilty to a charge of first degree burglary and was ordered committed to the custody of the Indiana Department of Corrections for a period of not less than ten nor more than twenty years. On May 10, 1973, appellant filed a “Motion to Vacate Sentence” and a “Petition for Post-Conviction Relief”, pursuant to Ind. Rules of Procedure, Post-Conviction Rule 1, whereby he sought to obtain relief from his executed sentence in the form of drug abuse treatment under the then existing IC 1971, 16-13-7.5-18 (Burns Code Ed.). This section…