McKinney v. State

GARRARD, Judge.

Daniel McKinney appeals the denial of his petition for post conviction relief which sought to set aside his guilty plea to a charge of burglary.

He asserts and the record bears out that when his plea was accepted he was not advised of the minimum possible sentence for the offense as required by IC 35 — 4.1—1— 3(d).1 The trial court found that since McKinney had entered a plea bargain which called for a specific sentence any advice as to the minimum sentence available was superfluous (Record at 114, 119).

We first note there is practical value in assuring that an accused is aware…