In Re the Personal Restraint of James

This personal restraint petition questions the authority of the State to renege on a plea bargain when the defendant, after pleading guilty pursuant to that bargain, allegedly commits additional misdemeanors. We hold that absent proof of misconduct, all plea bargains must be enforced.

Petitioner Freddie Lee James was charged with first degree robbery. His crime involved approximately one dollar and he is, as he was then, mentally handicapped and cannot read or write.

A plea agreement was reached, whereby petitioner agreed to plead guilty to second degree robbery if the prosecutor would…