CREECH v. STATE

No. 35S02-0709-CR-376.

887 N.E.2d 73 (2008)

Timothy Ray CREECH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 21, 2008.


Attorney(s) appearing for the Case

Darren Bedwell, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SHEPARD, Chief Justice.

The question here is whether a criminal defendant can, as part of a plea agreement, waive his right to appeal a discretionary sentencing decision. We hold that a defendant can do so, as long as the waiver is knowing and voluntary.

Facts and Procedural History

In May 2006, Timothy Ray Creech was charged with one count of child molesting as a class C felony. See Ind.Code Ann. § 35-42-4-3(b) (West 2007). Creech and...

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