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Published by the Indiana Office of Court Services

Helvie v. State, No. 24A-CR-1441, __ N.E.3d __ (Ind. Ct. App., Dec. 16, 2024).

December 16, 2024 Filed Under: Criminal Tagged With: Appeals, C. Bradford

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Bradford, J.

The State has charged Edward Helvie, Jr., with several crimes and alleged that he is a habitual offender.  In April of 2024, Helvie attempted to plead guilty to one of the charges against him without entering into a plea agreement.  After the State objected, and the trial court denied Helvie’s request.  The trial court certified the issue for interlocutory appeal, and we accepted jurisdiction.  Helvie contends that the trial court should have had the discretion to allow him to plead guilty to fewer than all of the charges against him without the State’s consent, while the State argues that Indiana Rule of Criminal Procedure 3.3(C)(1), which became effective on January 1, 2024, does not allow a trial court such discretion.  We affirm.    

…

Helvie contends that the trial court had the discretion to accept his guilty plea to a subset of the charges against him, while the State argues that it did not.  To dispose of this claim, we must evaluate the provisions of Criminal Rule 3.3(C)(1), which has not been done by an Indiana appellate court. 

Criminal Rule 3.3(C)(1) provides, in part, that a “defendant may plead guilty to all charged offenses without a plea agreement or to at least one of the charged offenses pursuant to a plea agreement negotiated with the state.”  The rule does not specifically address a situation where, as here, the defendant wishes to plead guilty to fewer than all of the charges absent an agreement with the State.  Id.  Helvie would have us interpret this omission as permissive.  It is well-settled, however, that “[w]hen certain items or words are specified or enumerated in a statute then, by implication, other items or words not so specified or enumerated are excluded.”  State v. Willits, 773 N.E.2d 808, 813 (Ind. 2002).

(citations omitted).  Consequently, Criminal Rule 3.3(C)(1)’s failure to mention the scenario presented by this case means that it is excluded, not permitted.  We affirm the judgment of the trial court.  

Bailey, J., and Foley, J., concur. 

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