State v. Burns
Annotate this CaseAfter Brandon Burns was charged with felony DUI, Burns entered into a non-binding plea agreement with the State requiring the State to recommend a fifteen year prison sentence with five years suspended. The plea agreement was silent as to any possible fine. During the sentencing hearing, the State abided by its promise to recommend a fifteen year sentence and further recommended a $5,000 fine. The district court issued the State's recommended sentence, including the fine. Burns subsequently filed a motion to withdraw his guilty plea on the basis that the $5,000 fine violated the plea agreement. The district court denied the motion, concluding that the fine did not violate the plea agreement. The Supreme Court affirmed, holding that the evidence established that Burns failed to object to the fine at every step of the process, and accordingly, the district court properly denied Burns's motion to withdraw his guilty plea.
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