Thompson v. State

SHIELDS, Judge.

Johnny Thompson appeals the guilty plea court's denial of his Motion for Modification of Sentence. We affirm.

ISSUE

Does the guilty plea court have authority pursuant to IC 35-38-1-283 (1992 Supp.) to modify the sentence of a defendant who pleads guilty pursuant to a plea agreement which contains an agreed-upon sentence?

FACTS

On February 12, 1990, Johnny Thompson pled guilty to two class D felonies pursuant to a plea agreement. The agreement provided that:

The defendant shall agree to enter a plea of guilty to ... Receiving Stolen Property, a class D felony ... and shall be…