Reffett v. State

SHEPARD, Chief Justice.

May a trial judge who has accepted a plea, approved a plea agreement, and found a defendant guilty of a felony without first ordering and reviewing a presentence report subsequently revoke his acceptance after reviewing the report? We hold that he may not.

I Factual Background

On November 17, 1986, Marvin Reffett was stopped by a police officer in Ripley County for drifting left of center. Reffett was charged with operating a motor vehicle while intoxicated, a class D felony, Ind. Code § 9-11-2-8 (West Supp.1990), and with operating a motor vehicle while driving…