Smith v. State

CROW, Presiding Judge.

Appellant, Stanley P. Smith, was charged with two felonies: Count I: assault in the first degree, § 565.0501; Count II: armed criminal action, § 571.015.

Appellant struck a bargain with the prosecutor wherein, in exchange for Appellant’s plea of guilty to Count I, the prosecutor agreed to: (a) dismiss Count II, (b) recommend a ten-year sentence on Count I, (c) reduce a charge against Appellant’s wife “to a class D felony,” and (d) recommend a suspended imposition of sentence for Appellant’s wife.

Appellant pled guilty to Count I per the agreement, and the plea court…