The State v. Spain

Dillard, Judge.

In 2011, Chelsea Spain was convicted by a jury of entering an automobile with intent to commit theft. Although she was eligible to be treated as a “first offender,” Spain declined to request such a sentence from the trial court. Then, roughly two years later, Spain moved the trial court to modify her sentence and grant her first-offender status. The trial court granted that motion, and the State appeals, 1 arguing that the court lacked jurisdiction to retroactively resentence Spain as a first offender. We agree, and therefore, the trial court’s order modifying Spain’s original…