No. 82A01-9908-CR-287.

729 N.E.2d 591 (2000)

STATE of Indiana, Appellant-Respondent, v. Michael PORTER, Appellee-Petitioner.

Court of Appeals of Indiana.

Publication Ordered May 19, 2000.

Concurring Opinion May 22, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General of Indiana, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, Attorneys for Appellant.

Lawrence L. Grimes, Bowers, Harrison, Kent & Miller, Evansville, Attorney for Appellee.

Concurring Opinion of Judge Sullivan May 22, 2000.


BAKER, Judge.

Appellant-respondent the State of Indiana challenges the trial court's modification of appellee-petitioner Michael Porter's sentence. Specifically, the State argues that the court erroneously modified Porter's sentence without the prosecutor's approval and more than 365 days after Porter began serving his original sentence.


On March 17, 1997, Porter...

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