Benson v. State

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

In May 1990, pursuant to a plea agreement, Charles T. Benson pleaded guilty to charges of Child Molesting, as a Class C felony, and Attempted Child Molesting, as a Class C felony. The State agreed to dismiss an unrelated charge of Child Molesting, as a Class B felony, previously filed against Benson, and not to pursue an habitual offender enhancement. The trial court accepted the guilty plea and entered judgment of conviction on both Class C felonies. However, at the sentencing hearing, the trial court sua sponte vacated the guilty plea and set the case…