BUTLER v. STATE

No. 45S03-9502-PC-247.

658 N.E.2d 72 (1995)

Gerry BUTLER, Appellant (Petitioner Below), v. STATE of Indiana, Appellee (Respondent Below).

Supreme Court of Indiana.

November 28, 1995.


Attorney(s) appearing for the Case

Charles A. Asher, South Bend, for appellant.

Pamela Carter, Attorney General, Julie Zandstra Frazee, Deputy Attorney General, Indianapolis, for appellee.


ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

The Court of Appeals ordered post-conviction relief for appellant Gerry Butler. It held that if a defendant and the prosecutor affirm that the facts support a plea, a trial court abuses its discretion if it accepts the plea without proof of all the relevant facts. We grant transfer.

I. The Prosecution of Butler's Drunk Driving

In 1987, during his third D.U.I., Butler crashed his vehicle...

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