State v. James

On August 2, 1979, defendant was charged with first degree robbery. He pleaded guilty to a reduced charge of second degree robbery pursuant to a plea bargain agreement in which the State agreed to recommend probation. While on release pending sentence, he was arrested on charges of committing two additional misdemeanors. In light of those arrests, the prosecuting attorney refused to recommend probation. Although defense counsel argued probation was still justified, defendant was sentenced December 10, 1979, to 10 years' imprisonment.

Defendant filed a personal restraint petition challenging…