Peterson v. State

McCORD, Chief Judge.

Appellant, having pled not guilty to a charge of sale of marijuana, subsequently appeared before the trial court pursuant to plea bargaining and changed his plea to nolo contendere in return for a state recommendation that he be placed on probation for a period of five years. The trial judge stated that although he gave great consideration to the state’s recommendation, he did not consider it binding and indicated that he might give appellant a jail sentence and would consider the presentence investigation report. Neither appellant nor his attorney responded to the judge’s…