State v. Chertkov

GARRITY, Judge.

In this matter, we shall examine whether, without the consent of both parties to a criminal action, a sentencing judge, who has agreed to be bound by a plea agreement, may, after a portion of the sentence has been served, reconsider and alter the sentence.

As a result of an extensive criminal investigation involving over $1,000,000 in fraudulent Medicaid payments, appellee-defendant, Lynn S. Chertkov, was charged with one count of misdemeanor Medicaid fraud and one count of conspiracy to commit felony Medicaid fraud. On April 25, 1992, appellee entered pleas to the charges, was…