Derek L. Moore v. State of Indiana

[38] I agree with the trial court that the 2014 amendments to Indiana Code section 35-38-1-17 are not retroactive and that, absent the prosecutor’s approval, the trial court had no authority to entertain Moore’s petition for sentence modification. Therefore, I respectfully dissent from that part of the majority’s decision holding otherwise.

[39] I do not agree that Willis is applicable and determinative here. A trial court generally has no authority over a defendant after sentencing. Harper v. State, 8 N.E.3d 694, 696 (Ind.2014). Through Indiana Code section 35-38-1-17, the legislature has…