¶1concurring in result.
¶2Where a plea agreement provides for a sentence within a certain range or under a certain cap, I do not believe that the defendant necessarily agrees that any sentence within that range or any sentence up to and including the cap is appropriate. See Wilkie, 813 N.E.2d 794 at 803. Rather, I believe that in most cirenmstances the defendant is agreeing only that a sentence within the bounds of the plea agreement is legal. The sentence still must be properly supported by aggravators and mitigators if necessary and is subject to review for inappropriateness. Here, Nguyen and the State agreed that his executed sentence would be no more than fifty-two years. Therefore, Nguyen may dispute the appropriateness of a sentence up to and including the stipulated maximum, which he has done by arguing that the "aggravating circumstances cited by the trial court do not justify an executed sentence in excess of the presumptive sentence." (Br. of Appellant at 16). Nguyen's argument fails, however, because his criminal history is a valid aggravator recognized by the trial court. As this is sufficient to render Nguyen's sentence appropriate, I concur.