Opinion of the Court by Justice SCOTT.
I. BACKGROUND
On June 1, 2009, Appellant, Michelle Smith, was indicted for Possession of Drug Paraphernalia (PDP), Second Offense. On September 10, 2009, Appellant pled guilty to the charge, and, pursuant to a plea agreement, she received a five-year pretrial diversion. At the time Appellant entered into the diversion, the penalty for Second Offense PDP, a Class D felony, was from one to five years in prison. However...
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