Rogers v. State

OPINION

STATON, Judge

Mitchell Rogers appeals his sentence following his plea of guilty to two counts of burglary, Class C felonies,1 two counts of sexual battery, Class D felonies,2 and driving while intoxicated, a Class D felony.3 Rogers raises one issue on appeal, which we restate as: whether the trial court erred by failing to sentence Rogers in accordance with his plea agreement.

We reverse and remand with instructions.

On two occasions, Rogers entered the home of the victim without being invited. The first time, Rogers grabbed the breasts and genitals of the victim. The second time, Rogers…