Reffett v. State

BAKER, Judge.

Defendant-appellant Marvin Reffett appeals the denial of his Motion to Correct Erroneous Sentence. 1 The case calls upon us to rule on the proper role of presentence reports in negotiated plea agreements in felony cases, and the specific issue before us is whether a trial court can accept a plea agreement without first having reviewed the defendant’s presentence report. We hold that it cannot, and therefore affirm.

FACTS

Reffett was charged with operating a vehicle while intoxicated, second or subsequent offense, a Class D felony. 2 On August 9, 1988, Reffett’s negotiated plea…