Brewer v. State

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Lish Brewer ("Brewer") petitioned for post-conviction relief, but the petition was dismissed upon the trial court's determination that Brewer should pursue a belated direct appeal to challenge the sentence imposed upon him for Burglary, a Class B felony. 1 We reverse and remand for a post-conviction hearing.

Issue

Brewer presents a single issue for review: whether the imposition of his ten-year sentence for Burglary violates Indiana Code Section 35-35-3-8, which requires that, if a trial court accepts a plea agreement, it is bound by its…