State v. Peterson

*865Pearson, J.

We granted review of a majority opinion of Division Three of the Court of Appeals in which defendant Daniel B. Peterson's sentence on a plea of guilty to third degree assault was set aside, and the case remanded for resentencing before a different judge. The asserted irregularity in the sentencing procedure was that the trial court refused defendant's request to permit the prosecutor to explain to the court why he was recommending that defendant serve no jail time for the assault.

The facts underlying this case are sketchy, and the presentence report indicates the versions of the…