State v. Heisser

The issue in this case is whether defendant and the state entered into a plea agreement, and if so, the terms of that agreement. The parties executed a written plea agreement providing that, at sentencing, the state was “free to seek [upward] departure sentences” within certain limits and, in turn, defendant was “free to seek presumptive sentences.” At sentencing, defendant challenged the timeliness of the state’s notice of intent to seek upward departure sentences. The trial court concluded that the plea agreement barred defendant from making that argument. The trial court also concluded…