State v. Cleveland
Annotate this CaseDefendant pled guilty to criminal endangerment, driving under the influence, and being a habitual traffic offender operating a motor vehicle. The district court sentenced Defendant to a three-year suspended sentence, a fine, and participation in Adult Impaired Driving Court. The Supreme Court affirmed, holding (1) Defendant’s felony criminal endangerment charge did not qualify as an exception to the prior felony conviction rule, and therefore, Defendant did not qualify for a deferred sentence; and (2) Defendant was not entitled to specific performance of the original plea agreement that recommended a three-year deferred sentence because he had a prior felony conviction that was not discovered until after the plea agreement was executed.
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