State v. Summerford

ARNOLD, Judge.

Defendant Nancy Smith Summerford’s Appeal

Defendant Nancy Summerford assigns error to the court’s denial of the motion to dismiss the charges against her. She argues that the district attorney’s offer to dismiss these charges on condition that her husband plead guilty to one felony charge, constituted an abuse of prosecutorial discretion and deprivation of her right to due process of law. We find no merit to this assignment of error.

During the sentencing hearing the defendants’ attorney informed the trial court that prior to trial the district attorney had offered to drop the…