State v. Meyer

Arnold-Burger, J.:

Tony Jay Meyer sexually assaulted his foster sister and pled no contest to two charges stemming from that assault. As part of a plea agreement, the State promised to depart to the sentencing grid and recommend mitigated consecutive sentences. Instead, the State admittedly breached the plea agreement and recommended aggravated sentences. Nonetheless, the district court sentenced Meyer to concurrent mitigated sentences. Because we are unable to say beyond a reasonable doubt that the State’s promise to recommend mitigated sentences had little, if any, influence on the…