State v. Talley

The primary issue presented by this appeal is whether a prosecutor who enters into a plea agreement that requires the State to recommend a standard range sentence, upon the defendant’s plea of guilty, breaches that agreement by participating in a court ordered evidentiary sentencing hearing. We hold that the prosecutor’s participation, by itself, does not undercut such a plea bargain and thereby violate the plea agreement. Consequently, we affirm the Court of Appeals’ decision to remand this case for an evidentiary hearing and resentencing before a judge other than the one who earlier imposed…