Legal Opinion · Dissent

Johnson v. State

Indiana Supreme Court

Decided September 26, 1983No. 982S345Published

1DissentPivarnik, Justice

I must dissent from the majority's opinion holding that the trial judge did not properly advise Defendant-Petitioner Johnson before accepting his guilty plea because the trial judge failed to specifically advise Petitioner that his prior convictions could be considered aggravating circumstances for sentencing purposes, As the majority point out, this action pertains to a petition for post-conviction relief and Petitioner *979therefore has the burden of proof and stands in the shoes of one appealing from a negative judgment. The trial judge as trier of fact is the sole judge of the weight of the…

2Cases cited5 opinions

  1. Neville v. StateIndiana Supreme Court · 1982
  2. Bullock v. StateIndiana Court of Appeals · 1980
  3. Sweet v. StateIndiana Supreme Court · 1982
  4. Vanderberg v. StateIndiana Court of Appeals · 1982
  5. Neal v. StateIndiana Supreme Court · 1983

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