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Stone v. State

Court of Appeals of Indiana

March 12, 2015

Bryan P. Stone, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Howard Superior Court. The Honorable William Menges, Judge. Cause No. 34D01-1206-FA-532.

ATTORNEY FOR APPELLANT: David Rosselot, Kokomo, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Michael Gene Worden, Deputy Attorney General, Indianapolis, Indiana.

Bailey, Judge. Robb, J., and Brown, J., concur.

OPINION

Bailey, Judge.

Case Summary

[¶ 1] Bryan P. Stone (" Stone" ) was convicted after a jury trial of four counts of Dealing in Cocaine as a Class A felony,[1] and was adjudicated to be a Habitual Substance Offender.[2] He was sentenced to an aggregate term of imprisonment of forty-five years.

[¶ 2] He now appeals. We reverse and remand with instructions.

Issue

[¶ 3] Stone presents two issues for our review. We find one of these dispositive, namely, whether the trial court abused its discretion when, after accepting a plea agreement between Stone and the State and entering judgment of conviction against Stone pursuant to the agreement, the trial court withdrew its acceptance of the plea agreement and ordered Stone to stand trial.[3]

Facts and Procedural History

[¶ 4] On two occasions on April 30, 2012, and once each on May 1 and May 16, 2012,

Page 342

at a location in Howard County, Stone delivered cocaine to ...


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