sentence and after hearing in Indiana

2015It was not in effect at the time Hobbs committed his offense against L.M.;, rather, the law in effect at that time . stated in relevant part: “If . more than'three hundred sixty-five (365) days have elapsed since the defendant began serving the sentence and after a hearing at which the convicted person is , present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney.” I.C. § 35-38-l-17(b) (2005) (emphasis added); see also Harris v. State, 897 N.E.2d 927, 928-929 (Ind.2008) (“The sentencing statute in effect at the time a crime is committed governs

2015It was not in effect at thé time Hobbs committed his offense against L.M.; rather, the law in effect at that time stated in relevant part: “If more than three hundred sixty-five (365) days have elapsed since the defendant began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney.” I.C. § 35 — 38—1—17(b) (2005) (emphasis added); see also Harris v. State, 897 N.E.2d 927, 928-29 (Ind.2008) (“The sentencing statute in effect at the time a crime is committed governs the s

2007I.C. § 35-38-1-17(b) states, “If more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney.” (Emphasis supplied.) In State v. Fulkrod, 753 N.E.2d 630 (Ind.2001), our Supreme Court determined that pursuant to this provision, where 365 days have passed since the sentence was imposed, and the prosecutor has not approved of the requested sentence modification, “the trial court lack[s] a

2007I.C. § 35-38-1-17(b) states, “If more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney.” (Emphasis supplied.) In State v. Fulkrod, 753 N.E.2d 630 (Ind.2001), our Supreme Court determined that pursuant to this provision, where 365 days have passed since the sentence was imposed, and the prosecutor has not approved of the requested sentence modification, “the trial court lack[s] a

2015Lozier did not have the approval of the prosecuting attorney as required by statute in that circumstance. [9] In Manley v. State, 868 N.E.2d 1175, 1179 (Ind. Ct. App. 2007), we quoted the Supreme Court’s opinion in State v. Fulkrod, 753 N.E.2d 630, 633 (Ind. 2001), which held that pursuant to the statute “where 365 days have passed since the sentence was imposed, and the prosecutor has not approved of the requested sentence modification, ‘the trial court lack[s] authority to modify [the original] sentence.’” The trial court did not err by denying Lozier’s motion because it was without authorit

2009Indiana Code section 35-38-1-17(b) states, "If more than three hundred sixty-five (365) days have elapsed since the convicted person began serving the sentence and after a hearing at which the convicted person is present, the court may reduce or suspend the sentence, subject to the approval of the prosecuting attorney." Manley v. State, 868 N.E.2d 1175, 1179 (Ind.Ct.App.2007), trans. denied.

2015I.C. § 1-1-5.5-21 (“The general assembly does not intend the doctrine of amelioration ... to apply to any SECTION of P.L. 158-2013 or P.L. 168-2014”); see also Marley v. State, 17 N.E.3d 335 , *986 340 (Ind.Ct.App.2014) (“It is abundantly clear ... that the General Assembly intended the new criminal code to have no effect on criminal proceedings for offenses committed prior to the enactment of the new code.”), trans. denied.

2015I.C. § 1-1-5.5-21 (“The general assembly does not intend the doctrine of amelioration ... to apply to any SEC TION of P.L. 158-2013 or P.L. 168-2014”); see also Marley v. State, 17 N.E.3d 335, 340 (Ind.Ct.App.2014) (“It is abundantly clear ... that the General - Assetably intended the new criminal code to have no effect on criminal proceedings for offenses committed prior to thé enactment of the new code.”), trans. denied.

2015However, if in a sentencing hearing for a convicted person conducted after June 30, 2001, the court could have placed the convicted person in a community corrections program as an alternative to commitment to the department of correction, the court may modify the convicted person’s sentence under this section without the approval of the prosecuting attorney to place the convicted person in a community corrections program under IC 35-38-2.6. [12] Under the prior version of Section 35-38-1-17, a person sentenced before June 30, 2001 could not seek modification of his or her sentence to community