State v. Foster

Leben, J.:

When Charles Foster entered into a plea-bargain agreement in which he agreed to plead no contest to aggravated assault, the State agreed to recommend probation if Foster s criminal-history score was level C or better. The sentencing report scored Foster’s criminal history as level C, so the State was committed to recommend probation at the sentencing hearing. But *381Fosters crime involved the use of a handgun, and K.S.A. 21-4704(h) provided that he could only receive probation if the trial court specifically found that probation would serve the interest of community safety by promoting…