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LEE v. STATE

No. 02S03-0310-PC-463.

816 N.E.2d 35 (2004)

Phillip LEE, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

October 19, 2004.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Chris Hitz-Bradley, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

RUCKER, Justice.

The question presented is whether an illegal sentence imposed pursuant to a plea agreement automatically renders the entire agreement void. We conclude it does not.

Facts and Procedural History

In 1988, the State charged Phillip Lee with robbery as a Class C felony and also alleged that he was an habitual offender. Under the terms of a written plea agreement Lee pleaded guilty to the robbery charge in exchange for the State's dismissal...

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