# Bethea v. State

> Indiana Court of Appeals · March 20, 2012 · 964 N.E.2d 255

URL: https://www.frixlaw.com/law-library/cases/9773543

## Case

- **Full name:** Curtis A. BETHEA, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent
- **Court:** Indiana Court of Appeals
- **Decided:** March 20, 2012
- **Citations:** 964 N.E.2d 255; 2012 Ind. App. LEXIS 113; 2012 WL 926062
- **Precedential status:** Published
- **Opinion:** Concurrence by May
- **Judges:** Crone, Brown
- **Cited by:** 5 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/9773543

## Opinion text

MAY, Judge,
concurring in result.
I do not share Judge Crone’s position that Farmer and Roney misapplied precedent and should not be followed; I believe the reasoning in those decisions is sound and that they are directly applicable to Bethea’s sentencing. I therefore agree with the dissent that the sentencing court should not have circumvented Bethea’s plea agreement by enhancing his sentence based on conduct that was the subject of charges the State had dismissed in order to obtain Bethea’s guilty plea.
However, I believe there were sufficient proper aggravators before the sentencing court to permit Bethea’s sentence despite the Farmer/Roney violation. I therefore respectfully concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773543. Public record. Not legal advice.