Congo v. State

This Court granted certiorari to determine whether the Court of Criminal Appeals, 455 So.2d 894, had correctly applied the principles of Ex parte Yarber, 437 So.2d 1330 (Ala. 1983), to the facts in this case. We reverse and remand.

Under Ex parte Yarber, supra, a defendant who has negotiated a plea bargain with the State is not automatically entitled to a judgment based upon that agreement. He does have the right to have it submitted to the trial court for that court's consideration. The trial court is not bound to accept the agreement. The power of the trial court to so decide carries with it…