State of Indiana v. Wallace Irvin Smith, III

On Petition to Transfer from the Indiana Court of Appeals, No. 45A05-1507-CR-945

Massa, Justice.

After pleading guilty to Class D felony theft, Wallace Irvin Smith, III entered into a plea agreement, which provided he would be “precluded from asking for Misdemean- or treatment.” At that time, trial courts could convert sentences only at the time of sentencing. However, in 2012, the Indiana General Assembly amended Indiana Code section 35-50-2-7, allowing sentences to be converted after they had been entered, subject to certain requirements. In 2015, Smith petitioned the trial court to convert…