State v. Weaver

I dissent because I do not believe the state preserved for review the issue of three-year minimum mandatory sentence.

At the plea hearing, the following discussion occurred:

Mr. Davis (Defense Attorney): Judge, Mr. Weaver is prepared to take the State’s offer. The only issue in this *350case is whether or not he’s going to be allowed credit for time served.

The Court: This was one where the State agreed to waive the minimum mandatory, but they made an offer of 18 months without credit time served, right?

Mr. Davis: At this point we’d ask Your Honor to give him credit for time served.

The Court: And…