The State has discretion to seek a firearm enhancement—which, necessarily, also means the State can withdraw or waive that enhancement.
Per Curiam
Mullins v. State, No. 20S-CR-451, __ N.E.3d __ (Ind., Jul. 6, 2020).
Defendant’s 24½-year sentence, based on multiple controlled buys of methamphetamine over a two-week period and the resulting traffic stop, which uncovered additional contraband, was inappropriate.
Jackson v. State, No. 20S-CR-315, __ N.E.3d __ (Ind., May 19, 2020).
The twenty-seven-year sentence the prosecutor recommended, and thirty-six-year enhanced sentence imposed by the trial court, absent more significant aggravating factors, was inappropriate.
Johnson v. State, No. 20S-CR-61, __ N.E.3d __ (Ind., May 22, 2020).
A general waiver of a right to appeal a sentence in plea agreement, when contained in the same sentence as an unenforceable waiver of post-conviction relief, is insufficiently explicit to establish a knowing and voluntary waiver of the right to appeal a sentence.
In re J.C., No. 20S-JT-235, __ N.E.3d __ (Ind., April 1, 2020).
Where the parent affirmatively waived the requirement, a parent is not entitled to dismissal of a TPR petition due to the juvenile court’s failure to complete a hearing within the statutorily required 180 days.