State v. William F. Bokenyi

¶ 80. (dissenting). I join Justice Prosser's dissent. I write to point out that this review should be dismissed as improvidently granted,1 and that if review is granted, the prosecutor materially and substantially breached the plea agreement.

*63¶ 81. The majority opinion does not decide the issue that was the subject of the State's petition for review, and the State conceded in its petition for review that "although it disagree [d] with the court of appeals' resolution" of "whether the prosecutor's sentencing argument breached the plea agreement," the issue of whether the prosecutor materially…