Opinions Oct. 19, 2017

Keywords Opinions

Indiana Court of Appeals

State of Indiana v. Pebble Stafford
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.)
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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