Thomas v. State

I concur in the result reached by the majority.

Our standard of review is dictated by Thomas' means of appeal. Tumulty v. State (1995), Ind.App., 647 N.E.2d 361, 363, trans. pending. If the record of the guilty plea hearing was adequate to present Thomas' argument without a post-conviction hearing, Thomas could have directly appealed his guilty plea. Id. at 365. On direct appeal, Thomas would have had to demonstrate that the State failed to prove the factual basis for the guilty plea. Id. However, since Thomas proceeded under post-conviction procedures, *552he cannot simply put the State to its…