from the Howard Superior Court. The Honorable William C.
Menges, Judge. Trial Court Cause No. 34D01-1305-FB-383.
FOR APPELLANT: Donald E. C. Leicht, Kokomo, Indiana.
FOR APPELLEE: Gregory F. Zoeller, Attorney General of
Indiana; Christina D. Pace, Deputy Attorney General,
Judge. Baker, J., and Mathias, J., concur.
Ralph Jackson (" Jackson" ) challenges his
twenty-year sentence imposed upon his plea of guilty to
Dealing in a Schedule II Controlled Substance, as a Class B
felony. He presents the sole, consolidated
issue of whether he was properly sentenced. We reverse and
remand with instructions.
and Procedural History
On March 19, 2014, Jackson pled guilty to Dealing in a
Schedule II Controlled Substance. Pursuant to a plea
agreement with the State, Jackson was to participate in the
Howard County Drug Court program. Sentencing was deferred
pending completion of the program. On March 11, 2015, the
State filed a notice of intent to terminate Jackson's
participation in the drug court program, alleging that
Jackson had admitted to smoking a compound called Spice and
driving another drug court participant to purchase Spice.
On April 8, 2015, Jackson appeared for sentencing on the
Class B felony conviction. The probation department
recommended a sentence of ten years, with at least six years
to be executed in the Indiana Department of Correction.
Jackson agreed with the ten-year recommendation but requested
a partial suspension. Jackson received a maximum sentence of
twenty years, and this appeal ensued.
Upon conviction of a Class B felony, Jackson was ...