State v. Fulkrod

OPINION

ROBB, Judge

The State appeals the trial court’s modification of Richard Fulkrod’s forty-year sentence to the Indiana Department of Correction for voluntary manslaughter. We reverse.

Issue

The State raises the following restated issue for our review: whether the trial court properly modified Fulkrod’s sentence without the prosecutor’s approval after more than 365 days had elapsed from the date Fulkrod began to serve his sentence to the date Fulkrod filed his Petition for Sentence Modification with the trial court.

Facts and Procedural History

On February 1, 1992, Fulkrod shot his wife Sharon…