State v. Pieri

OPINION

CHAVEZ, Chief Justice.

{1} In Eller v. State, 92 N.M. 52, 582 P.2d 824 (1978), a three-member majority of this Court held that when a trial court rejects a sentencing recommendation in a plea agreement, it must give the defendant an opportunity to withdraw his or her plea pursuant to former New Mexico Rule of Criminal Procedure 21(g)(4), the predecessor to Rule 5-304(D) NMRA. 1 Because the authority we relied upon to support our conclusion in Eller has changed and because the weight of authority in other jurisdictions is contrary to Eller’s holding, we conclude that Eller must be…