State v. Smith

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Defendant pleaded guilty to Class D felony theft. As part of his plea agreement with the State, Defendant agreed that he would be “precluded from asking for misdemeanor treatment.” At that time, trial courts could convert sentences only at the time of sentencing. In 2012, however, the General Assembly amended Ind. Code 35-50-2-7 by allowing sentences to be converted after they had been entered. In 2015, Defendant filed a petition seeking to convert his Class D felony to a Class A misdemeanor under section 35-50-2-7(d). The trial court granted the petition, vacated Defendant’s felony, and re-entered the conviction as a Class A misdemeanor. The Supreme Court reversed, holding that the legislative amendment did not alter the unambiguous terms of Defendant’s plea agreement, and therefore, the trial court exceeded its authority when it granted Defendant’s petition, circumventing the agreement’s terms. View "State v. Smith" on Justia Law