State v. GodfreyAnnotate this Case
Defendant pled guilty to first-degree felony murder and aggravated battery. The plea agreement contained a provision stating that the parties agreed to recommend that Defendant serve his sentence at Larned State Hospital. During sentencing, confusion surfaced regarding the precise nature of the plea agreement on the subject of Defendant’s placement at Larned. The district court pronounced Defendant’s sentence with the recommendation that “the Secretary of Corrections consider very strongly having [Defendant] transferred to Larned State Hospital.” Defendant appealed, arguing that the agreement was ambiguous and should have been interpreted to recommend that the State ask the court to commit Defendant to Larned in lieu of sentencing. The Supreme Court declined to reach the merits of Defendant’s claim because he failed to preserve it for appellate review with a contemporaneous objection.