Background

• Holloway pled guilty to dealing in cocaine (Class A) and resisting law enforcement (Class D) under a plea that dropped other charges and capped sentences at 10 and 20 years total.
• The trial court accepted the plea and sentenced Holloway to 20 years, with 14 years suspended.
• Holloway petitioned for sentence modification; the court later ordered his remaining executed sentence served in Community Corrections.
• The State appeals, arguing the court lacked authority to modify Holloway’s sentence in light of the plea waiver.
• Indiana case law recognizes limited state appeal rights and that plea agreements bind the court; modification waivers can be valid if knowingly and willingly made.
• The appellate court ultimately holds the trial court exceeded its authority by modifying Holloway’s sentence in violation of the plea agreement.

Issues

Key Cases Cited

• Lee v. State, 816 N.E.2d 35 (Ind. Ct. App. 2004) (court bound by terms of accepted plea agreement)
• Ivy v. State, 947 N.E.2d 496 (Ind. Ct. App. 2011) (waiver of right to modify sentence upheld when knowingly/willingly signed)
• Schippers v. State, 622 N.E.2d 993 (Ind. Ct. App. 1993) (validity of sentence modification waiver in plea agreement)
• Pannarale v. State, 638 N.E.2d 1247 (Ind. 1994) (court bound by terms of plea agreement; post-acceptance discretion limited)
• Reffett v. State, 571 N.E.2d 1227 (Ind. 1991) (court bound by plea terms once accepted)
• Brunner, 947 N.E.2d 411 (Ind. 2009) (state may appeal certain illegal sentences as pure law)
• Hardley v. State, 905 N.E.2d 399 (Ind. 2009) (exception allowing appeal when sentence illegal as pure question of law)
• Beanblossom v. State, 637 N.E.2d 1345 (Ind. Ct. App. 1994) (finality of judgments supports adhering to plea terms)