State v. Carvajal

OPINION

JACOBSON, Chief Judge.

Under what circumstances may a trial judge vacate a sentence in a criminal case when it becomes apparent the judge was deliberately misled. This is the issue presented by this appeal.

The defendant, Kent Paul Carvajal, was charged with burglary and theft. Pursuant to a plea agreement, the defendant pled guilty to theft of property with a value more than $100 but less than $1,000, a class four felony. The plea was accepted and subsequently the defendant was placed on probation with the condition that the defendant serve one year in jail. Also as a condition of…