State v. Blacka (Signed Opinion)Annotate this Case
The State breached its plea agreement with Petitioner by failing to remain silent at sentencing.
Pursuant to the plea agreement, the State agreed to remain silent at sentencing. During the sentencing hearing, however, the State recommended to the court that consecutive sentences be imposed. The Supreme Court vacated the order of the circuit court sentencing Petitioner to ten to twenty years for each of three sexual abuse convictions, with the sentences to be served consecutively, holding that the State breached the plea agreement and that the appropriate remedy for the breach was specific performance of the agreement in a new sentencing hearing before a different judge.