The trial court granted Cambron s petition to modify over the State s objection on December 29, 2006, and modified her sentence so that she would serve only three years executed, which including good-time credit, would be eighteen months. If the Defendant files a petition to modify her sentence, the decision to modify the sentence will be left to the discretion of the Court.

The State filed an objection thereto on November 30, 2006, arguing that Cambron had filed her petition too 1 Paragraph 15 of the plea agreement reads in full: The Defendant reserves the right to file a petition to modify her sentence after serving half or three (3) years of her executed sentence, and the State reserves the right to object. Instead of waiting eighteen months, Cambron filed a petition to modify her sentence on November 17, 2006, only eight and a half months later. The trial court accepted the plea agreement and sentenced Cambron accordingly on March 29, 2006. Both the State and Cambron informed the trial court that it was their understanding that Cambron would be able to petition the trial court to modify her sentence after serving three years worth of time, including good-time credit, i.e. Before accepting the plea agreement, the trial court questioned the parties regarding the meaning of this provision. Paragraph 15 of the plea agreement provided that Cambron reserved the right to petition the trial court to modify her sentence after serving half or three (3) years of her executed sentence. Pursuant to the agreement, Cambron was to receive a twelve-year sentence, with six years executed and six years suspended. Facts and Procedural History On December 16, 2005, Cambron agreed to plead guilty to Class B felony dealing in methamphetamine.

Concluding that the issue presented is moot, we dismiss. The State appeals and claims that the trial court s actions are contrary to the express terms of Cambron s plea agreement. 62C01-0412-FA-01095 DecemMEMORANDUM DECISION NOT FOR PUBLICATION MATHIAS, Judge The Perry Circuit Court granted a petition filed by Cynthia Cambron ( Cambron ) to modify her sentence. 62A01-0707-CR-311 APPEAL FROM THE PERRY CIRCUIT COURT The Honorable Edward A.Campbell, Senior Judge Cause No. PLOUGHE Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA STATE OF INDIANA, Appellant-Defendant, vs. Guilfoyle & Thomas Jeffersonville, Indiana CYNTHIA L. ATTORNEYS FOR APPELLANT: ATTORNEY FOR APPELLEE: STEVE CARTER Attorney General of Indiana THOMAS R. Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Big Time by Cynthia D. Grant