Alberto Baiza Rodriguez v. State of Indiana

[16] I agree with the majority that " Sections 35-35-3-3 (e)... and 35-38-1-17 (l) may be harmonized...." Slip op. at 10. But I reach a much different conclusion on how these harmonized provisions work together. Therefore, I respectfully dissent.

[17] Enacted in 1980, Indiana Code Section 35-35-3-3 (e) dictates "[i]f the court accepts a plea agreement, it shall be bound by its terms." In like fashion, our courts have long declared that a "plea agreement is contractual in nature, binding the defendant, the state and the trial court." Pannarale v. State , 638 N.E.2d 1247, 1248 (Ind. 1994)…