Justin R. Messersmith v. State of Indiana

Bailey, Judge.

Case Summary

Following a jury trial, Justin R. Mes-sersmith (“Messersmith”) was convicted of one count of Neglect of a Dependent Resulting in Bodily Injury, as a Level 5 felony, 1 and one count of Battery on a Person Less Than 14 Years Old, as a Level 6 felony. 2 Messersmith now appeals, contending that the trial court abused its discretion when, after accepting a plea agreement and entering judgment of conviction against Messersmith pursuant to the agreement, the trial court later granted the State’s request to withdraw the plea agreement. 3

We reverse and remand with…