State v. Ellison
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to criminal endangerment, DUI, failure to carry proof of insurance, and driving without a valid driver’s license. Instead of a three-year deferred sentence recommended in the plea agreement, the district court sentenced Defendant on her criminal endangerment charge to five years with the Department of Corrections with three years suspended. The district court also imposed four court information technology surcharges for each count totaling $40. The Supreme Court affirmed in part and reversed in part, holding (1) the State did not breach the term of the plea agreement that it recommend a deferred sentence on the criminal endangerment charge; and (2) the district court erred in imposing the court information technology user surcharge per count and not per user. Remanded to modify the imposition of the surcharge to a per user basis for a total of one $10 surcharge.
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