Chertkov v. State

BELL, Judge.

One of the questions presented by this case is whether the sentencing court may modify a sentence that it imposed pursuant to a binding plea agreement, without the consent of both parties. Before we may reach that question, however, we must first address the State’s right to appeal the court’s modification of sentence. Although we shall hold that the State has no such right to appeal, we shall nevertheless address the limits on a sentencing court’s right to modify a sentence imposed pursuant to a binding plea agreement.

I

The petitioner, Lynn Chertkov, and the respondent, the State…