State v. Shumaker

[¶ 1.] Steven Shumaker appeals his conviction for fourth offense DUI. The issue is whether the trial court erred in sentencing Shumaker to five years in the state penitentiary, with two years conditionally suspended. Because the trial court accepted Shumaker’s binding plea agreement, which called for a sentence no greater than three years, the court erred when it sentenced Shumaker.

Background

[¶ 2.] On June 18, 2009, Defendant Steven Shumaker was arrested for Driving Under the Influence. Shumaker was charged by Indictment with Driving Under the Influence. The State also filed a Part 2…