State v. Harper
Annotate this CaseOn September 19, 2011, the trial court sentenced Defendant. On December 5, 2012, Defendant filed a motion to modify her sentence. On March 5, 2013, the trial court granted Defendant’s motion for modification. The State appealed, arguing that the trial court lacked authority to modify Defendant’s sentence because more than 365 days had passed since Defendant was sentenced and the prosecutor did not affirmatively approve of the modification. The Supreme Court affirmed, holding that the trial court did not err in granting Defendant’s motion for sentence modification, where, in the context of the interactions and communications between the trial court and the prosecutor in this case, the prosecutor’s conduct adequately conveyed the “approval of the prosecuting attorney” required in Ind. Code 35-38-1-17(b).
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