Anderson v. State

I dissent.

There was sufficient evidence in the record to establish the requisite factual basis for accepting the guilty plea.

In voting to reverse the conviction the majority has adopted an erroneous interpretation of IC 1971, 35 — 4.1—l-4(b). That statute provides:

“The court shall not enter judgment upon a plea of guilty unless it is satisfied from its examination of the defendant that there is a factual basis for the plea.” (Emphasis supplied.)

where a criminal conviction occurs the sentence is the judgment. Schalkle v. State (1979), Ind., 396 N.E.2d 384; McMinoway v. State (1973), 260 Ind.…