from the Jefferson Circuit Court The Honorable W. Gregory
Coy, Special Judge Trial Court Cause No. 39C01-1307-FB-696
ATTORNEYS FOR APPELLANT Curtis T. Hill, Jr. Attorney General
of Indiana Ellen H. Meilaender Deputy Attorney General
ATTORNEY FOR APPELLEE Jason J. Pattison Jenner, Pattison,
Sutter & Wynn, LLP Madison, Indiana
In 2013, Pebble Stafford pleaded guilty to three charges,
including Class B felony dealing in a controlled substance.
Her plea agreement purported to waive her right to seek later
modification of her sentence. After the General Assembly
amended the sentence modification statute in 2014, Stafford
petitioned the trial court for a sentence modification. The
trial court granted that motion, and the State now appeals.
We affirm and remand with instructions.
On July 18, 2013, the State charged Stafford with Class B
felony dealing in a controlled substance. Stafford was also
facing two unrelated charges in two other separate cause
On June 10, 2014, Stafford entered into a plea agreement
resolving all three cases. She agreed to plead guilty to
Class B felony dealing in a controlled substance, Class B
misdemeanor possession of substance to interfere with a
screening test, and Class C felony battery. The agreement
provided that she would receive consecutive sentences of six
years in the Department of Correction (DOC) with none
suspended for the Class B felony; thirty days in the
Jefferson County Jail with none suspended for the Class B
misdemeanor; and four years in the DOC with none suspended,
with direct placement to community corrections for the Class
C felony battery.
On January 30, 2017, Stafford filed a petition to modify her
Class B felony sentence; the State objected to the petition.
Following a hearing, the trial court granted Stafford's
petition on April 12, 2017. In relevant part, the trial court
found and held as follows:
2. The plea agreement was silent as to the right of the
defendant to seek a modification; nor did it preclude her
from doing so.
3. The Defendant has completed a therapeutic community
[program] for which she was given credit toward her sentence
. . . .
4. After completion of the CLIFF program the Defendant served
as a mentor in the program.
5. The Defendant also obtained a GED, completed a course in
Problem Solving, and took courses in building trades.
6. The Defendant's plan upon release is to go to the Ruth
Haven halfway house, obtain a full time job, remain clean,
and continue her education at ...