Larry D. Russell, Jr. v. State of Indiana

It would be one thing to tell the prosecution it must live with its mistaken understanding of our sentencing laws that led to *1229its inappropriately lenient plea bargain for these monstrous crimes, particularly when the State joins the appellant in asking us to enforce its terms. A deal’s a deal, after all. But our prior holding in Lee does not compel that result—one that severely diminishes judicial review of those terms— and so, for the reasons stated below, I dissent.

In 1988, Phillip Lee pleaded guilty to robbery in exchange for the State’s dismissal of a habitual offender allegation. Lee v.…