State v. Alba

Although I agree that Alba’s sentences must be set aside and the case remanded for further proceedings, I do not agree with the disposition proposed by the majority, and I therefore dissent. I do not agree that the appropriate remedy is to place the burden of the mutual mistake made by Alba, the State, and the trial court solely on the State and allow Alba to unilaterally benefit from the mutual mistake by being sentenced in a fashion nobody had contemplated or agreed to when entering the plea agreement. I believe the appropriate remedy is to withdraw the plea as invalid and allow the parties…