Summary
vacating the Court of Appeals's opinion and remanding for further proceedings consistent with recent changes made to Indiana Code section 35-38-1-17 regarding the modification of sentences imposed pursuant to plea agreements
Summary of this case from Amick v. StateOpinion
Supreme Court Case No. 18S–CR–143
07-12-2018
Alberto Baiza RODRIGUEZ, Appellant, v. STATE of Indiana, Appellee.
Published Order
The Court of Appeals issued an opinion in this case reversing the trial court's order denying the appellant's motion to modify his sentence and remanding for further proceedings. See Rodriguez v. State, 91 N.E.3d 1033 (Ind. Ct. App. 2018). On March 15, 2018, we granted the State's petition to transfer, thereby vacating the Court of Appeals opinion. During the 2018 legislative session, the General Assembly amended Indiana Code sections 35–35–1–2 and 35–38–1–17, addressing guilty pleas and the reduction or suspension of a sentence, effective July 1, 2018. Section 35–38–1–17 provides that the section applies to a person who commits an offense or is sentenced before July 1, 2014, notwithstanding Indiana Code section 1–1–5.5–21.
Accordingly, the Court REMANDS this case to the Court of Appeals to reconsider in light of the amended statutes. The Court of Appeals opinion reported at Rodriguez v. State, 91 N.E.3d 1033 (Ind. Ct. App. 2018), remains vacated.
All Justices concur.