# Evans v. State

> Indiana Court of Appeals · May 25, 2001 · 751 N.E.2d 245

URL: https://www.frixlaw.com/law-library/cases/9740670

## Case

- **Full name:** Vincent EVANS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** May 25, 2001
- **Citations:** 751 N.E.2d 245; 2001 Ind. App. LEXIS 873; 2001 WL 564323
- **Precedential status:** Published
- **Opinion:** Concurrence by Brook
- **Judges:** Vaidik, Robb, Brook
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9740670

## Opinion text

BROOK, Judge,
concurring
I fully concur with Judge Vaidik's reasoning and result in this case, but I write separately to suggest a way of avoiding future confusion as to the meaning of similar "no recommendation" provisions in plea agreements.
When the State promises a criminal defendant under a plea agreement that it will offer no sentencing recommendation to the trial court, the better practice might be for the plea agreement to specify that although the prosecuting attorney could not offer such a recommendation, (1) any witness, whether a private citizen or a State agent, may do so by leave of court; and (2) any victim of the defendant's crime, whether a private citizen or a State agent, is entitled to do so under Indiana Code Section 35-85-38-5(b). A "no recommendation" provision is obviously meaningful to a criminal defendant, who might understandably yet mistakenly believe that no one, *249 particularly a State agent, will be permitted to make a recommendation at the sentencing hearing. Although prosecutors and defense counsel will be familiar with the meaning of "no recommendation" provisions as explained in Harris and the instant case, it is safe to assume that most criminal defendants will not be. For reasons of fundamental fairness, then, I would encourage its inclusion in written plea agreements where applicable. See Sinn v. State, 693 N.E.2d 78, 80 (Ind.Ct.App.1998) ("The concept of plea bargaining contemplates an explicit agreement between the State and defendant which is binding upon both parties when accepted by the trial court. Strict adherence to the agreement is essential.") (emphasis added) (citation omitted).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9740670. Public record. Not legal advice.