Alberto Baiza Rodriguez v. State of Indiana

Crone, Judge.

Case Summary

[1] Alberto Baiza Rodriguez appeals the trial court's denial of his motion to modify his sentence, which was imposed pursuant to a written plea agreement containing a fixed sentence of seventy-two months executed on work release. Rodriguez argues that modification of his sentence is permissible under Indiana Code Section 35-38-1-17(l), which provides that a person may not waive the right to sentence modification as part of a plea agreement. We agree and therefore reverse and remand for further proceedings.

Facts and Procedural History

[2] Based on an incident that…