Likens v. State

OPINION CONCURRING IN RESULT

Staton, J.

I concur in result since a factual basis does not depend upon the defendant’s independent recollections of the crime. The factual basis here was adequate to support the acceptance of a guilty plea.

I further concur in result since the range of sentences possible under the indictment or information is necessary to establish voluntariness. Without a full understanding of his action, pleading guilty to the charges and standing trial under a different set of charges, the defendant’s guilty plea is not voluntary. Likens has failed to carry his burden of establishing that he was erroneously advised and that he was prejudiced.

NOTE — Reported at 378 N.E.2d 24.