Gutermuth v. State

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 10A01-0306-PC-218

SULLIVAN, Justice.

In January, 1997, Warren Gutermuth pled guilty in accordance with a plea agreement to three counts of Class C felony child molestation in an "open plea," ie., with sentencing left to the trial court's discretion. The trial court sentenced Gu-termuth to three consecutive eight-year sentences, with four years of the third sentence suspended.

Gutermuth did not file a direct appeal. He did file a pro se petition for post-conviction relief in July, 2000. He amended the petition in December, 2002. In…