State v. Georgeoff

MOELLER, Justice.

JURISDICTION

Defendant entered into a plea agreement in which he pled guilty to one count of sale of narcotics, a class 2 felony. At sentencing, he received a mitigated sentence of 5.25 years. He appealed, contending for the first time on appeal that the prosecution had breached the plea agreement by recommending prison, because the plea agreement provided that the prosecutor would not object to probation. The court of appeals held that the state breached the plea agreement, and that the breach amounted to fundamental error that defendant could raise for the first time on…