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WALTON v. STATE

No. 48A02-0609-CR-819.

866 N.E.2d 820 (2007)

Garland E. WALTON, III, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 22, 2007.

Attorney(s) appearing for the Case

Jonathan C. Goehring, Anderson, IN, Attorney for Appellant.

Stephen R. Carter, Attorney General of Indiana, Scott L. Barnhart, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

GARRARD, Senior Judge.

Walton pled guilty to robbery, a Class B felony, as part of a plea bargain, which was accepted by the court. He now brings a belated direct appeal contending that the state breached the plea agreement.

Under the terms of the agreement the sentence was left open to the court with not more than ten years to be ordered executed. Additionally, the agreement provided that...

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