State v. Miller.

Dissenting Opinion by

NAKAYAMA, J., in which substitute Justice HIRAI Joins.

I respectfully dissent. I agree with the ICA that Miller forfeited his claim for breached plea agreement when he failed to raise this issue before the trial court. Moreover, inasmuch as Miller does not point to any error committed by the trial court, and also failed to argue how the breached plea agreement affected his substantial rights, the Intermediate Court of Appeals (“ICA”) would have had to notice this claim under the plain error standard sua sponte. The ICA did not gravely err in affirming Miller’s conviction…