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ATTORNEY FOR APPELLANT Christina Rose Klineman Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Michael Gene Worden Deputy Attorney General Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 49S04-0706-CR-243 DAVID BOYLE, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, No. 49G03-9203-FC-163760 The Honorable John Barney, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 49A04-0507-CR-369 _________________________________ June 20, 2007 Boehm, Justice. On January 23, 1995, David R. Boyle pleaded guilty to one count of class A felony burglary, one count of class A felony criminal deviate conduct, and one count of class A felony attempted rape. Pursuant to the plea agreement, the court was free to determine Boyle's sentence but could not impose executed time in excess of thirty-five years. Before accepting the plea, the trial court advised Boyle that he would give up the right to appeal his conviction, but Boyle was not told that he had a right to appeal his sentence.

At the time of Boyle's crime, the presumptive sentence for a class A felony was thirty years. No more than twenty years could be added for aggravating circumstances, and no more than ten years subtracted for mitigating circumstances. Ind. Code

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Indiana Law