Ricci v. State, 06A04-0805-CR-309 (Oct 21, 2008)
Attorney for Ricci: Michael Gross
Although a term in Ricci’s plea agreement was waiver of his right to appeal his sentence, the trial court “clearly and unambiguously stated at the plea hearing that it read the plea agreement and that, according to its reading of the agreement, Ricci had not surrendered the right to appeal his sentence.” Ricci’s case was found distinguishable from Creech v. State, 887 N.E.2d 73, 75 (Ind. 2008) (trial court’s incorrect advisement at the conclusion of a defendant’s sentencing hearing has no effect on an otherwise knowing, voluntary, and intelligent waiver of the right to appeal his sentence) because neither the prosecutor or defense counsel corrected the trial court’s misstatement.
Full opinion http://www.in.gov/judiciary/opinions/pdf/10210803tac.pdf
