Curtis A. Bethea, Appellant (petitioner Below) v. State of Indiana, Appellee (respondent Below)

Summary

The Indiana Supreme Court affirmed the denial of post-conviction relief. It held that, absent a plea-agreement provision restricting sentencing evidence, a trial court may consider the circumstances underlying dismissed charges when selecting aggravating factors, including injury to a victim. Bethea therefore failed to show deficient performance or prejudice from trial or appellate counsel, including counsel's failure to challenge the sentence under Appellate Rule 7(B).