Garcia v. State

Concurring Opinion

Staton, P.J.

The post conviction record, which consisted of a defense counsel’s testimony as to what Garcia was advised regarding his constitutional rights before he entered his guilty plea, can not be substituted for a silent guilty plea record on appeal. Both the Statute, IC 1971, 35-4.1-1-3 and *96Boykin, supra, prohibit any attempted rehabilitation of the guilty plea proceedings. Additionally, Indiana Rules of Criminal Procedure, CR. 10, contemplates that only the record made at the time when the guilty plea is offered by the defendant and accepted by the trial court be…