State v. Day

In November 1983, defendant pleaded nolo contendere to a charge of burglary. In exchange for defendant’s plea, the prosecutor agreed to dismiss several other charges. A written plea agreement between defendant and a deputy state’s attorney recommended disposition in the following terms:

2-4 years; 18 months to serve beginning [November 28, 1983]; balance suspended; probation; pro-rata restitution in [amount] to be determined by Probation Dept, ([defendant] can contest [the amount] of same); any violation of parole or probation to be concurrent; [defendant] may withdraw plea if judge exceeds…