State v. Collins

BRANCH, Chief Justice.

The sole question presented by this appeal is whether the trial court erred in denying defendant’s motion to dismiss. Defendant contends that he was deprived of his sixth amendment right to effective assistance of counsel and his fourteenth amendment right to due process of law by the judge’s refusal to enforce the plea arrangement between defendant and Assistant District Attorney Cole.

This is a case of first impression before this Court. Defendant relies primarily upon Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed. 2d 427 (1971), and the subsequent…