Smith v. State

SELBY, Justice.

This direct appeal concerns the re-sentencing of defendant Joshua Smith. In an earlier direct appeal, this Court held that defendant was entitled to a new sentencing order because it was unclear whether he had been properly sentenced. Smith v. State, 675 N.E.2d 693 (Ind.1996). Defendant raises three issues concerning his re-sentencing: 1) whether the trial court improperly enhanced defendant’s sentence; 2) whether the trial court impermissibly increased the sentence after a successful appeal; and 3) whether the sentence should be amended because the plea agreement upon which it…