State v. Thomas

In this criminal appeal, defendant challenges the imposition of restitution, because his plea agreement had not included it. Defendant argues that, by requesting restitution, the state breached the plea agreement, the trial court should have specifically enforced the agreement, and the trial court erred by imposing restitution of $6,460. We agree that the state breached the plea agreement and that the court erred by proceeding to sentence defendant without regard to the breach. Accordingly, we reverse and remand for further proceedings under a correct understanding of the law, as explained…