Preview:

ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

DANIEL K. WHITEHEAD STEPHEN R. CARTER
Yorktown, Indiana  Attorney General of Indiana
   Indianapolis, Indiana

   RICHARD C. WEBSTER
   Deputy Attorney General
   Indianapolis, Indiana

  
IN THE
COURT OF APPEALS OF INDIANA


TOSHIO ROACH, )
Appellant-Defendant, )
)
vs. ) No. 82A05-0610-PC-578
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )


APPEAL FROM THE VANDERBURGH CIRCUIT COURT
The Honorable David D. Kiely, Judge
Cause No. 82C01-0310-FA-1117


JULY 25, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

GARRARD, Senior Judge

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.





As the result of a plea bargain, Roach pled guilty to dealing in cocaine, a Class A felony, conspiracy to commit dealing in cocaine, a Class A felony, dealing in cocaine, a Class B felony, and possession of marijuana, a Class D felony.  He was sentenced to forty years on each of the first two offenses, fifteen years on the third and three years on the fourth.  The sentences were to run concurrently.  In addition he was discharged from the remainder of his sentence in a prior offense.
He appeals from the denial of his petition for post-conviction relief contending that he received ineffective assistance of counsel at his guilty plea hearing and that no adequate factual basis was established for the conspiracy count.
A petitioner seeking post-conviction relief has the burden of proof to establish his claim.  If relief is denied, he appeals from a negative judgment, and to obtain relief on appeal he must demonstrate that the evidence as a whole leads unerringly and unmistakably to a decision opposite that reached by the post-conviction court.  Wesley v. State, 788 N.E.2d 1247, 1250 (Ind. 2003).
Furthermore, where a petitioner contends that his attorney

Download 07250702.wgs.pdf

Indiana Law