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JOHNSON v. STATE

No. 20S03-0812-CR-763.

898 N.E.2d 290 (2008)

Abjul K. JOHNSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 22, 2008.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Jeffrey R. Wright, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 20A03-0710-CR-472

SULLIVAN, Justice.

In 1997, Abjul K. Johnson pled guilty to robbery as a Class A felony. The plea agreement gave the trial court discretion to impose a sentence within an agreed-upon range and the court sentenced Johnson to 50 years. A plea agreement in which the trial court has discretion over the length of the sentence is referred to as an "open plea." Collins v. State...

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