DocketNumber: No. 175S3
Citation Numbers: 264 Ind. 87, 321 N.E.2d 841, 1975 Ind. LEXIS 267
Judges: Arterburn, Givan
Filed Date: 1/14/1975
Status: Precedential
Modified Date: 10/18/2024
Dissenting Opinion on Petition to Transfer
This is a post conviction proceeding in which the petitioner was originally convicted of being an
The record shows that petitioner had his own counsel, privately employed, and there was no showing that he was misled in his plea of guilty. Personally, I feel that no harmful error is shown, even if there was a failure of the court to advise the defendant. It seems to me his counsel is presumed to have done so, and unless there is a showing to the contrary, or a showing that he was misled, or totally ignorant of his rights, then no harmful error has been shown.
I would grant transfer and affirm the trial court.
Note. — Reported at 321 N.E.2d 841.