Opinions Oct. 19, 2017

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Indiana Court of Appeals

State of Indiana v. Pebble Stafford
 39A04-1705-CR-930 
Criminal. Affirms the Jefferson Circuit Court's sentence modification reducing the time Pebble Stafford was to serve in the Department of Correction after pleading guilty to Class B felony dealing in a controlled substance, Class C felony battery and Class B misdemeanor possession of substance to interfere with a screening test. Holds that the plain language of I.C. § 35-38-1-17(e) says offenders may not waive the right to sentence modification as part of a plea agreement, and trial courts are authorized to modify sentences. Remands to the trial court to omit suspension of the remainder of her six-year term to probation and to determine whether direct placement in community corrections would be appropriate. 

James N. Hamilton v. State of Indiana (mem. dec.)
 89A04-1703-CR-649
Criminal. Affirms James N. Hamilton’s 31-year sentence for conviction of Level 4 felony burglary and his adjudication as a habitual offender. The sentence is not inappropriate in light of Hamilton’s character and the nature of the offense.
 

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