Fraley v. State

The defendant, Fraley, sought to set aside his plea of guilty to aggravated assault and battery through a petition for post-conviction relief, Indiana Rules of Procedure, Post-Conviction Remedy Rule 1. In so doing, he assumed the burden of proof and now stands in the shoes of one appealing from a negative judgment. Childs v. State (1975), 262 Ind. 261, 321 N.E.2d 841; Hoskins v. State (1973), 261 Ind. 291, 302 N.E.2d 499. He has failed to sustain the burden of proof imposed upon such appellants.

He first contends that the plea was not knowingly, voluntarily and intelligently entered.

Two of his…