Legal Opinion
Alberto Baiza Rodriguez v. State of Indiana
Indiana Court of Appeals
Decided December 14, 2018No. Court of Appeals Case 20A03-1704-CR-724PublishedCited by 2 opinions
1Opinion of the Court
Crone, Judge.
Case Summary
[1] In our prior opinion in this case, Rodriguez v. State , 91 N.E.3d 1033 (Ind. Ct. App. 2018), trans. granted , we held that the trial court erred in ruling that Alberto Baiza Rodriguez had waived his right to seek modification of his fixed sentence imposed pursuant to a plea agreement in 2016 for crimes committed in 2015. We based our holding on a 2014 statutory amendment which unambiguously provides that "[a] person may not waive the right to sentence modification under this section as part of a plea agreement." Ind. Code § 35-38-1-17 (l) (2014). Our supreme court…
Also in this document: Concurrence.
2Cases cited23 opinions
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
- General Motors Corp. v. RomeinSupreme Court of the United States · 1992
- City of El Paso v. SimmonsSupreme Court of the United States · 1965
- Fajardo v. StateIndiana Supreme Court · 2007
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3Cited by2 opinions
- Alberto Baiza Rodriguez v. State of IndianaIndiana Supreme Court · 2019
- State of Indiana v. Pebble StaffordIndiana Court of Appeals · 2018