Indiana v. Brunner
Annotate this CaseIn August 2000, Defendant Jeffrey Brunner entered a guilty plea to "operating while intoxicated" (OWI). At the time of his plea, Defendant had an OWI within the previous five years that made the August, 2000 offense a felony. When going over Defendant's constitutional rights at trial, the court said "it [was] theoretically possible that a person found guilty of a . . . felony can have judgment of conviction entered and be sentenced as if it were a. . . misdemeanor." Defendant moved the court to modify its order of conviction to reduce the felony to a misdemeanor. The court granted the motion to modify, and the State appealed. The Court of Appeals overturned the trial court on grounds that the lower court lacked statutory authority to modify the conviction. Upon review, the Supreme Court found that trial court indeed lacked statutory authority to modify Defendant's conviction. The Court remanded the case back to the trial court to reinstate Defendant's original conviction.
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