State v. Garfield

MAUGHAN, Justice:

Defendant entered a plea of guilty to the charge of carrying a concealed weapon, a firearm, a felony of the third degree. Subsequently, he was sentenced to an indeterminate term in the Utah State Prison. Defendant appeals asserting the prosecutor violated a plea bargaining agreement. Defendant seeks, in the alternative, specific performance of the agreement; or the right to withdraw his plea of guilty. We remand with instructions.

Defendant entered his plea before Judge Sorensen, who interrogated him extensively. Defendant testified he had not been promised anything in return…