Austin v. State

Lately, this court has been confronted with an increasing number of appeals involving negotiated-plea agreements in which the district attorney has agreed not to prosecute uncharged offenses if the defendant would agree to a “read in” of these uncharged offenses and to allow the court to take such offenses into consideration in sentencing him on the charged offense. The validity of such an agreement not to prosecute has not yet been the subject of a defense in a subsequent suit, but the question has arisen in connection with the attempted withdrawal of a plea of guilty. Since the so-called…