Polk v. State

CHARLES E., MOYLAN, JR., Judge

(retired, specially assigned).

Sailing Close to the Wind

Entrusting the legal sufficiency of the State’s evidence to a sometimes hastily composed statement of facts can turn out to be a case of the State’s sailing dangerously close to the wind. It can be done, but it should be done with great care. This appeal well illustrates the dangers. A generous plea bargain was offered in exchange for, not a guilty plea on the part of the defendant but, an agreement to submit the case to the trial judge on an agreed statement of facts. Ironically, what frequently appears to…