State v. Duval

This defendant was told that he would not be sentenced to jail. Relying on that promise, he pled guilty, admitted he committed the crime, and made other damaging admissions to a probation officer. Once the trial court learned the facts, many of which came out in reliance on the no-incarceration promise, it decided to dishonor the promise and sentence defendant to jail. The majority accepts this judicial' breach of commitment. I believe it undermines the integrity of the judicial system, weakens our assignment-of-counsel system, and results in placing defendant in double jeopardy in violation…