State v. Gilbert
Annotate this CaseDefendant was indicted on several charges. Defendant entered into a plea agreement whereby he agreed to testify in a murder prosecution against his father in exchange for amended or dismissed charges. One year after Defendant was sentenced, the State asked the trial court to vacate Defendant’s plea because he failed to cooperate in the State’s prosecution of his father. The trial court granted the request, withdrew the former plea agreement, and vacated the sentence. Defendant subsequently entered into a second plea agreement and was resentenced. The appellate court reversed the trial court’s decision, concluding that the trial court did not have the authority to reconsider its own final judgment after Defendant had been sentenced. The Supreme Court affirmed, holding that there is no authority for a court to revisit a sentence that has already been imposed based on a defendant’s failure to fulfill his obligations under a plea agreement.
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