J.A.W. a Child Alleged to Be a Delinquent

J.A.W. appeals the denial of his motion to correct errors by the trial court following the court's acceptance of a plea agreement wherein J.A.W. was adjudicated a delinquent and committed to the Indiana Boy's School. The proper avenue for J.A.W. to challenge this plea should have been through a motion to withdraw the guilty plea pursuant to IND. CODE § 35-35-1-4(c)(5) (1985 Supp.), which would be treated by the court as a petition for post-conviction relief. However, The state had agreed, in the interests of judicial economy, to treat J.A.W.'s motion to correct errors as a motion to withdraw the guilty plea and it will be treated as such here. J.A.W. contends that he should have been allowed to withdraw his plea of guilty because the trial court did not properly adhere to the plea agreement after accepting the plea. After accepting the plea agreement, which called for the commitment of J.A.W. to the Indiana Boy's school, the trial court added its recommendation that the Department of Correction continue that commitment until J.A.W. reaches 21 years of age. The plea agreement was silent as to any length of time of commitment.