Gibbs v. State

HILL, Justice.

[11] Appellant, Kacey Allan Gibbs (Gibbs), seeks review of the district court's judgment and sentence, asserting that, because the State violated the terms of the plea agreement entered into by the State and Gibbs, Gibbs should be permitted to withdraw his guilty pleas and plead anew. We will affirm.

ISSUES

[12] Gibbs raises this issue:

Should the judgment be vacated and [Gibbs] be allowed to withdraw his plea because the prosecutor violated the plea agreement?

The State views the issue differently:

Did [Gibbs] materially and substantially breach the plea agreement when he violated a…