Preview:

FOR PUBLICATION

ATTORNEYS FOR APPELLANT: JENNIFER M. LUKEMEYER TYLER D. HELMOND Voyles Zahn Paul Hogan & Merriman Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

FILED
Oct 25 2011, 9:27 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
ROBERT S. TROXELL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 18A04-1102-CR-98

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Thomas A. Cannon, Jr., Judge Cause No. 18C05-0506-FC-32

October 25, 2011 OPINION - FOR PUBLICATION

MAY, Judge

Robert Troxell appeals the denial of his petition for alternative misdemeanor sentencing. We reverse and remand. FACTS AND PROCEDURAL HISTORY On July 17, 2006, the trial court sentenced Troxell to three years probation after he pled guilty to Class D felony attempted vicarious sexual gratification.1 Troxell's plea agreement indicated Troxell "may petition to have this matter reduced to a Class A misdemeanor upon successful completion of probation, but the State reserves the right to object to such a reduction." (App. at 78.) Troxell completed probation on July 20, 2009. On November 4, 2010, he petitioned for modification of his conviction pursuant to his plea agreement. The State objected, claiming Troxell did not file within three years as required by Ind. Code

Download Robert S. Troxell v. State of Indiana.pdf

Indiana Law