State v. PetersonAnnotate this Case
After digital photographs of children engaged in sexual acts were found on Defendant's work computer, Defendant pleaded no contest to attempted sexual exploitation of a child. The district court imposed a fifty-two year sentence of imprisonment, with lifetime postrelease supervision. Defendant appealed, contending that the State violated the plea agreement by failing to remain silent at sentencing. The court of appeals affirmed, holding that the prosecutor was not required to "stand silent at sentencing" and that her statements were permissible to correct factual misstatements. The Supreme Court reversed, holding (1) the prosecutor's questions challenging factual misstatements were appropriate and did not violate the plea agreement; but (2) the prosecutor's comment about Defendant's likelihood of recidivism violated the State's plea agreement promise to stand silent. Remanded.