dissenting.
I dissent. The issue here is not whether a competent attorney could have vigorously defended Schick to obtain a lesser sentence. Rather, the issue is at what point the trial lost its character as a meaningful adversarial proceeding when counsel admitted his client’s guilt on several major counts. Here, instead of assuring that Schick’s case would be subject to a meaningful adversarial test at which the State was required to prove the defendant’s guilt beyond a reasonable doubt, Schick’s counsel admitted guilt on several of the charged offenses.
In his opening comments, counsel stated: “We’re asking you to look at the totality of the circumstances here to see what we have seen all along. That this man did wrong, he deserves our condemnation, and I’m inviting you to do so by returning a verdict of voluntary manslaughter.
* * * * * *
“If there is ever a case where voluntary manslaughter is appropriate, it is this case, ladies and gentlemen. I look forward to working with you the next few days, and I trust you will agree with me that my client is guilty of voluntary manslaughter. ”
(R. 780-81, emphasis supplied). In his closing argument, counsel stated:
“Mr. Sells is right, we agree that my client knowingly and intentionally killed Stephen Lamie on August 7th. I told you that at the beginning, and I’m telling you here again at the end. What divides us are really two things here. One is, was the dominant motive, was the real motive that was driving Tim Schick that night robbery, that’s one; and secondly, why was it that he killed Steve Lamie, and I intend to show you the facts as we have heard them from this witness stand that demonstrate to me and I think ought to demonstrate to you that the proper verdict in this case would be guilty of Count IV, knowingly or intentionally confining Steve Lamie without his consent, resulting in serious bodily injury, that’s true. As to Count II right above Count IV there, knowingly and intentionally killing Steve Lamie, that’s true, plus under sudden heat.
* * * * * *
“We started this trial and I told you, that my client, Tim Schick was guilty of voluntary manslaughter.... You’ve seen the ferocity of what happened to Steven Lamie, and now you know why, and I’m not asking you to excuse Tim for what he did, never have and never will. I’m asking you to convict him of what he did, I’m asking you to convict him of voluntary manslaughter and of theft.”
(R. 1306-15, emphasis supplied).
The majority finds that counsel’s actions were tactically proper because they gave the jury the option of convicting Schick on lesser offenses. However, when counsel’s statements are analyzed in light of the offenses with which Schick was charged, it is obvious that counsel went far beyond admitting to a few minor crimes.
First, Schick was charged with the following offenses:
1) felony murder (found not guilty);
2) murder (presumptive sentence of forty years and a possible sentence of sixty);
*9313) robbery resulting in serious bodily injury, a Class A felony (presumptive sentence of thirty years and possible sentence of fifty years);
4) confinement by fraud, enticement, force and threat of force from one place to another, resulting in serious bodily injury, a Class B felony (presumptive sentence of ten years, possible sentence of twenty years); and
5) confinement by confining another without his consent, resulting in serious bodily injury, also a class B felony.
These are the charges to which counsel admitted:
1) killing Lamie intentionally under sudden heat (involuntary manslaughter as included in the murder charge, a class B felony);
2) confinement resulting in serious bodily injury, a Class B felony; and
3) theft, a Class D felony.
What the majority ignores, however, is that counsel also admitted to all the elements of robbery, a Class A felony, by admitting Schick attacked Lamie, that he stole La-mie’s property, and that serious bodily injury occurred. Thus, although counsel’s admissions appear to be an attempt to obtain a lesser sentence for Schick, counsel put Schick in jeopardy of being convicted of a Class A felony with a presumptive sentence of thirty years and a possible sentence of fifty — only slightly less than the sentencing possibilities for murder.
I also observe that counsel stated Schick was guilty of confinement with serious bodily injury and of voluntary manslaughter. We all agree with the trial court that these offenses merged. Thus, counsel’s admissions — and not the jury verdict— placed Schick in double jeopardy.
The majority rests its decision that counsel engaged in proper trial strategy on an examination of the evidence to determine whether Schick could have been convicted of greater offenses than he was. Whether or not counsel was effective in this case and under these facts is not dependant on the examination of the evidence to determine whether a good result was reached. Rather, the question, in my opinion, is whether counsel battled on behalf of his client — regardless of what result was ultimately achieved.
In this case, if Schick had been convicted of murder, would the majority hold — based on its conclusion in this case — that counsel was ineffective because his strategy, did not result in a conviction of a lesser offense? My opinion of whether an attorney concedes too much on behalf of his client is not dependant on the result. For instance, if the jury had ignored the evidence (as well as counsel’s requests to convict Schick), and acquitted Schick, my opinion as to counsel’s actions would not change. Similarly, if Schick had been found guilty of murder, my opinion would not change.
I am not saying here that counsel must ignore the evidence presented by the State when making opening and closing statements to the jury. Counsel could have stated that there was no evidence of murder and, although there might have been some evidence of voluntary manslaughter, that the evidence did not prove guilt beyond a reasonable doubt. Further, counsel could have pointed out that there was no evidence of confinement because Lamie and Schick were in Lamie’s car which La-mie drove, and there was no evidence of how the two ended up on the baseball diamond. Counsel could have also pointed out that Schick — a youth of seventeen— could have been offended and confused when approached by Lamie in what Schick perceived to be a sexual manner and felt the need to defend himself from such an attack. Finally, counsel could have pointed out that Schick was too drunk to form the intent to commit the crimes.
The majority states that “counsel defended Schick with great skill and ability at trial.” At 930, note 14. However, I cannot see how counsel’s defense was anything but ineffective. Not only did counsel make substantial admissions of Schick’s guilt, he failed to present a vigorous defense on behalf of Schick. In fact, the only defense presented on Schick’s behalf was that the circumstances surrounding Lamie’s death were not consistent with a simple robbery but that a sexual encounter was likely in*932volved. However, Lamie approached Schick in a sexual manner, which could have easily made this seventeen year-old youth think that he was in danger at the time, raising the issue of self-defense.
The evidence also shows that Schick had been drinking heavily the evening and morning before the incident. Daniel Cotton testified that he, Schick and another boy drank whiskey, schnapps, and beer that night. John R. and John P. Hamilton both testified Schick was intoxicated when he came to their house that morning. I am not saying that counsel should be considered ineffective in all cases for failing to raise a defense of intoxication when there is evidence the defendant had been drinking. Rather, I am pointing out that counsel’s concessions of.guilt coupled with his failure to at least raise the available defenses does not amount to competent representation.
I agree with the majority that People v. Hattery (1985), 109 Ill.2d 449, 94 Ill.Dec. 514, 488 N.E.2d 513, is not controlling here. However, I disagree with the majority’s reliance on People v. Johnson (1989), 128 Ill.2d 253, 538 N.E.2d 1118. Johnson was charged with one count of intentional murder, two counts of knowing murder, three counts of felony murder, two counts of attempted murder, seven counts of armed violence, four counts of aggravated battery, three counts of armed robbery, and one count of unlawful restraint. The charges stemmed from an incident in which one man was killed, two men were wounded and personal property was taken from the victims. The defendant pled not guilty to all of the charges. During trial, the State presented the testimony of two of the victims and a written statement given by the defendant after he was arrested admitting to the crimes. During his opening statement, Johnson’s attorney admitted that his client committed murder as charged, but argued Johnson did not commit murder while committing a felony. Though defense counsel did not present evidence on Johnson’s behalf, he was able to elicit testimony tending to show that the defendant did not intend to rob any of the victims before he shot them. Thus, the defense strategy was to show the State could not prove beyond a reasonable doubt Johnson murdered the victim while committing a felony. On appeal, Johnson argued that, under Hattery, ineffective assistance of counsel is established whenever counsel concedes defendant’s guilt to the main offense even though the defendant chooses to plead not guilty to all offenses. The court declined to apply such a broad reading of Hattery and held that in some situations, an admission of guilt to one of the crimes charged, coupled with vigorous defense of the other charges did not automatically make counsel ineffective, especially in light of the overwhelming evidence of Johnson’s guilt.
The overwhelming evidence presented in Johnson was the testimony of two victims — eye witnesses to the crime — and a written statement by the defendant admitting to the crimes. In the case before us however, the evidence is not so overwhelming. And, as pointed out earlier, there is at least some evidence of the possible defenses of voluntary intoxication or self-defense.
I also find counsel’s admissions to Schick’s guilt amounted to a confession on behalf of Schick without the procedural safeguards normally afforded a criminal defendant who decides to plead guilty. The consequences of a plea of guilty in criminal proceedings cannot be underestimated. As the Supreme Court stated in Boykin v. Alabama:
“A plea of guilt is more than a confession which admits that the accused did various acts; it is itself a conviction; nothing remains but to give judgment and determine punishment.”
Boykin v. Alabama (1969), 395 U.S. 238, 242, 89 S.Ct. 1709, 1711, 23 L.Ed.2d 274. For this reason, the defendant is provided procedural safeguards before the court may accept a guilty plea. Ind. Code 35-35-1-21 provides several such safeguards, none of which were provided to Schick in this case. The most basic of these safeguards is that the decision to plead guilty is the defendant’s alone. Abraham v. *933State (1950), 228 Ind. 179, 91 N.E.2d 358; Lyles v. State (1978), 178 Ind.App. 398, 382 N.E.2d 991. This decision must be based on an intelligent and voluntary choice. Boykin, supra. It is the function of the trial court to determine whether the defendant fully understands what the consequences of the plea are and to make a record of that for review. Id. Likewise, the record must reflect that the defendant unequivocally understands the consequences of a plea made by his attorney. Wiley v. Sowders (6th Cir.1981), 647 F.2d 642, cert. denied, 454 U.S. 1091, 102 S.Ct. 656, 70 L.Ed.2d 630. Here, there is nothing in the record to indicate that Schick voluntarily and intelligently made the decision to plead guilty to any crime. Nor is there anything in the record to show that Schick understood the consequences of admissions of guilt made by his attorney. I cannot, therefore, agree with the majority that Schick’s counsel merely employed legitimate trial strategy.
In Abraham, supra, our supreme court stated:
“An accused has the right to elect to whether he will stand trial or plead guilty. If he elects to stand trial his counsel should vigorously present every legal defense and represent him with the utmost skill and ability. Anything short of this is not adequate, competent or effective representation by counsel which the constitution commands shall be afforded.”
Id. 128 Ind. at 185, 91 N.E.2d at 369. Schick elected to stand trial. Once he made that decision, he had the right to have every legal defense presented to the jury. Counsel’s approach — in effect pleading guilty on Schick’s behalf — left Schick without a defense. Thus, if the majority’s opinion were to stand, it would deny Schick that very right which, in the words of our supreme court, “the constitution commands shall be afforded.” Id.
I also find that Schick was improperly convicted of both voluntary manslaughter and confinement. Schick was convicted of confining Lamie without his consent. However, the confinement of the victim here was no longer than that necessary to commit the voluntary manslaughter of which Schick was convicted. Thus, it was improper to sentence Schick for voluntary manslaughter and confinement. In Ryle v. State (1990), Ind.App., 549 N.E.2d 81, Judge Shields explained that the element of force necessary to establish robbery constitutes the crime of confinement because the force required for robbery involves a substantial interference with a person’s liberty, which is required for confinement. Thus, when a robbery is committed by the use or threat of the use of force, confinement — by virtue of the use of force — also occurs. However, only when the confinement of the victim continues beyond that inherent in the force used to effectuate the robbery will a violation of the confinement statute have occurred. Id. Judge Shields used the crime of forcible rape to further illustrate this point:
“Similarly,- forcible rape necessarily includes an interference with the victim’s liberty in order to achieve non-consensual penetration. That interference, like the interference in the robbery, is inherently included in forcible rape and cannot support a conviction. However, any confinement of the victim other than that necessary to effectuate the rape constitutes a separate violation of IC 35-42-3-3(a)(l) and a distinct, punishable offense.
Id. at 85, note 7.
*934The same reasoning applies here. By using force, Schick confined Lamie. However, there is no evidence that the confinement occurred at any other time or went beyond that necessary to effectuate the manslaughter. Thus, a separate violation of the confinement statute did not occur and Schick was improperly sentenced for that crime.
. IC 35-35-1-2 provides:
(a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the defendant:
*933(1) understands the nature of the charge against him;
(2) has been informed that by his plea he waives his rights to:
(A) a public and speedy trial by jury;
(B) confront and cross-examine the witnesses against him;
(C) have compulsory process for obtaining witnesses in his favor; and
(D) require the state to prove his guilt beyond a reasonable doubt at trial at which the defendant may not be compelled to testify against himself;
(3) has been informed of the maximum possible sentence and minimum sentence for the crime charged and any possible increased sentence by reason of the fact of a prior conviction or convictions, and any possibility of the imposition of consecutive sentences; and
(4) has been informed that if:
(A) there is a plea agreement as defined by IC 35-35-3-1; and
(B) the court accepts the plea; the court is bound by the terms of the plea agreement.