State of Indiana v. Pebble Stafford
86 N.E.3d 190
| Ind. Ct. App. | 2017Background
- In 2013 Pebble Stafford pleaded guilty under a plea agreement resolving three separate cases, including a Class B felony dealing conviction carrying a six-year sentence to the Department of Correction (DOC).
- The plea agreement specified concrete sentences (consecutive) and purported to waive her right to later seek modification of her sentence.
- In 2014 the Indiana General Assembly amended the sentence-modification statute, adding that a defendant may not waive the right to sentence modification as part of a plea agreement and that any such waiver is invalid.
- In January 2017 Stafford petitioned the trial court to modify her sentence; the State objected. After a hearing the trial court found Stafford had completed programs, obtained education, served as a mentor, and had a release plan, and it granted modification releasing her immediately and suspending the remainder of her sentence to probation with community corrections supervision.
- The State appealed, arguing (1) the trial court lacked authority to modify a fixed-term plea that did not reserve modification, and (2) the court illegally suspended a non-suspendible minimum six-year term.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Stafford) | Held |
|---|---|---|---|
| Whether trial court could modify a fixed-term plea sentence when the plea did not reserve modification | Plea fixed the precise sentence; court had no authority to change what it was not authorized to impose at sentencing; §-17(l) does not authorize modifications of fixed pleas | §-17(l) prohibits waiver of modification in plea agreements, so statute authorizes post-plea modification despite fixed plea language | Court held statute bars waiver of the right to seek modification; trial court had authority to modify Stafford’s sentence under amended statute |
| Whether the trial court’s modification illegally suspended the non-suspendible six-year minimum term | The six-year minimum was mandatory non-suspendible and could not be suspended to probation | While the six-year term itself cannot be suspended, court may modify manner of service (e.g., direct placement to community corrections) under §-17 | Court agreed six-year term may not be suspended to probation; remanded for the trial court to amend order to omit suspension of the six-year term and consider direct placement to community corrections |
Key Cases Cited
- St. Clair v. State, 901 N.E.2d 490 (Ind. 2009) (plea agreements are contractual and binding)
- Pannarale v. State, 638 N.E.2d 1247 (Ind. 1994) (traditionally courts could not modify fixed plea sentences absent reservation)
- Austin v. State, 997 N.E.2d 1027 (Ind. 2013) (standard of review for pure legal questions is de novo)