GONZALEZ v. STATE

No. 82S01-0909-CR-408.

929 N.E.2d 699 (2010)

Gabino GONZALEZ, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 19, 2010.


Attorney(s) appearing for the Case

Matthew Jon McGovern, Evansville, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Matthew Whitmire, Deputy Attorney General, Ian McLean, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 82A01-0809-CR-406

BOEHM, Justice.

We hold that a defendant's statements made to a victim or to the court in an effort to gain acceptance of a plea agreement by the court are statements in connection with a plea agreement and therefore are not admissible in evidence pursuant to Evidence Rule 410. In this case the defendant's letter of apology to a victim was admitted at his trial after a plea...

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