State v. Porter

OPINION

BAKER, Judge.

Appellant-respondent the State of Indiana challenges the trial court’s modification of appellee-petitioner Michael Porter’s sentence. Specifically, the State argues that the court erroneously modified Porter’s sentence without the prosecutor’s approval and more than 365 days after Porter began serving his original sentence.

FACTS

On March 17, 1997, Porter pled guilty to Battery, as a Class B felony. The trial court accepted his plea and on June 5, 1997, sentenced Porter to twenty years in the Department of Correction. However, on June 10, 1997, the trial court granted…