Plea Deal Cannot Waive Right to Modify Sentence

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.

Facts
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 numbers.
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.

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