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State v. Spain

The trial court lacked jurisdiction to retroactively resentence the defendant as a first-offender after she had declined to request such a sentence when she was originally sentenced on her conviction for entering an automobile with intent to commit theft.

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In 2011, Chelsea Spain was convicted by a jury of entering an automobile with intent to commit theft. Although she was eligible to be treated as a “first offender,” Spain declined to request such a sentence from the trial court. Then, roughly two years later, Spain moved the trial court to modify her sentence and grant her first-offender status. The trial court granted that motion, and the State appeals,1 arguing that the court lacked jurisdiction to retroactively resentence Spain as a first offender. We agree, and therefore, the trial court’s order modifying Spain’s original sentence is reversed and her first-offender sentence is vacated.

On February 1, 2011, a jury convicted Spain of entering an automobile with the intent to commit theft. The trial court sentenced Spain to four years of probation, with 48 hours to serve in confinement. Because this was Spain’s first felony conviction, she was eligible to be sentenced as a first offender. But after consulting with her counsel, Spain ultimately decided against requesting that the trial court sentence her under this statutory scheme.

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