State v. JonesAnnotate this Case
Defendant pleaded guilty to aggravated robbery. The plea agreement obligated the State to join in Defendant’s request for a downward dispositional departure to probation. After a hearing, the sentencing judge denied Defendant’s dispositional departure motion. Defendant appealed, arguing that the prosecutor violated the plea agreement by not joining in her downward departure motion. The court of appeals affirmed, holding that the prosecutor did not violate the plea agreement, as that the prosecutor’s comments were adequate to fulfill the agreement’s requirement for the State to recommend probation. The Supreme Court reversed, holding (1) the prosecutor had an affirmative duty arising from the plea agreement to recommend a particular sentence; and (2) the State breached its plea agreement with Defendant.