Kelley v. the State

Boggs, Judge.

Terry Kelley appeals following the trial court’s grant of the State’s “Motion to Set Aside an Illegal Judgment.” The court granted the motion on the basis that it was without authority to sentence Kelley to a lesser sentence than that recommended by the State as part of a negotiated plea to a reduced charge. Because the trial court erred in granting the State’s motion, we reverse and remand this case with direction for the trial court to re-enter the original judgment of conviction and sentence.

For the following reasons, we conclude that while a defendant can withdraw a…