Converting Class D felony to Class A misdemeanor
Sec. 1.5. (a) A court may enter judgment of conviction as a Class
D felony with the express provision that the conviction will be
converted to a conviction as a Class A misdemeanor within three (3)
years if the person fulfills certain conditions. A court may enter a
judgment of conviction as a Class D felony with the express
provision that the conviction will be converted to a conviction as a
Class A misdemeanor only if the person pleads guilty to a Class D
felony that qualifies for consideration as a Class A misdemeanor
under IC 35-50-2-7, and the following conditions are met:
(1) The prosecuting attorney consents.
(2) The person agrees to the conditions set by the court.
(b) For a judgment of conviction to be entered under subsection
(a), the court, the prosecuting attorney, and the person must all agree
to the conditions set by the court under subsection (a).
(c) The court is not required to convert a judgment of conviction
entered as a Class D felony to a Class A misdemeanor if, after a
hearing, the court finds:
(1) the person has violated a condition set by the court under
subsection (a); or
(2) the period that the conditions set by the court under
subsection (a) are in effect expires before the person
successfully completes each condition.
However, the court may not convert a judgment of conviction entered
as a Class D felony to a Class A misdemeanor if the person commits
a new offense before the conditions set by the court under subsection
(a) expire.
(d) The court shall enter judgment of conviction as a Class A
misdemeanor if the person fulfills the conditions set by the court
under subsection (a).
(e) The entry of a judgment of conviction under this section does
not affect the application of any statute requiring the suspension of
a person's driving privileges.
(f) This section may not be construed to diminish or alter the
rights of a victim (as defined in IC 35-40-4-8) in a sentencing
proceeding under this chapter.
As added by P.L.98-2003, SEC.2.
Last modified: May 24, 2006