State v. Murphy
Supreme Judicial Court of Maine
1Opinion of the CourtClifford, J.
[¶ 1] Daniel Murphy appeals from his sentence entered in the Superior Court (Cumberland County, Delahcmty, J.). Murphy contends that the court erred when it concluded that because he violated his bail conditions, his plea agreement, pursuant to which the State promised to recommend a specific sentence, became an open plea. We agree with Murphy and vacate his sentence.
I. BACKGROUND
[¶ 2] On February 7, 2003, Murphy pleaded guilty to one count of burglary (Class B), 17-A M.R.S.A. § 401(1) (1983), 1 and two counts of reckless conduct with a dangerous weapon (Class C), 17-A M.R.S.A. § 211(1)…
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