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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: JEFFREY P. LITTLE Power, Little & Little Frankfort, Indiana

FILED
Dec 27 2010, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MIGUEL ALVARADO, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 12A02-1001-CR-159

APPEAL FROM THE CLINTON CIRCUIT COURT The Honorable Linley E. Pearson, Jr., Judge Cause No. 12C01-0906-FD-106

December 27, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Miguel Alvarado entered pleas of guilty to criminal confinement1 and battery,2 and then moved to change those pleas before sentencing. The court denied his motion, entered the convictions, and sentenced him therefore. Alvarado argues he did not enter the plea knowingly or voluntarily and the trial court should have allowed him to withdraw the plea before sentencing. We affirm. FACTS AND PROCEDURAL HISTORY Approximately two months after Alvarado entered his guilty plea, he filed a Motion for Change of Plea. The trial court scheduled a hearing on Alvarado's motion. At that hearing, the following dialogue occurred concerning Alvarado's motion: THE COURT: DEFENDANT: -- Mr. Alvarado are -- are you expecting an attorney here today? Your Honor, they didn't give me pretty much no attorney -- no nothing. Uhm, I have pled guilty, but then I changed my plea. Uhm, I have paperwork here stating that. And uhm, and I was supposed to be here for my sentence I suppose. Well, we're here ready for sentencing today. You're not wanting to do -- you're not wanting to proceed today? Well, I was actu -- actually here for a change because see I changed my plea and that's what he gave me a chance to do. It says right there. Ok. So the Court has not ordered this plea withdrawn. Uh, it just says it was set for hearing today. I -- I would suggest if you're wanting to make that attempt Mr. Alvarado, that you use the services of an attorney. Yes, I would just like to plead not guilty and --- right. The Court's -- the Court's already found you guilty. We -- the Court -- went through your rights with you. A factual basis was established. So I'm not going to uh, overturn that [sic] the guilty plea that was entered

THE COURT: DEFENDANT:

THE COURT:

DEFENDANT: THE COURT:

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Ind. Code

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