Otha Taylor v. State Indiana

Petitioner Dwayne B. Silvers pled guilty on Aug. 1, 1983, to one count of murder, Ind. Code § 35-42-1-1 (Burns 1985 Repl.) and two counts of attempted murder, a class A felony, Ind. Code § 35-42-1-1, § 35-41-5-1 (Burns 1985 Repl.). Pursuant to his plea agreement with the State, Silvers was sentenced to concurrent terms of imprisonment of 35 years on each count. He appeals from the denial of his petition for post-conviction relief. His petition alleged that his guilty plea was not voluntary and intelligent, that the trial court did not find an adequate factual basis for the plea agreement and that the trial court improperly failed to set forth a statement of aggravating and mitigating circumstances explaining the sentence imposed.