State v. Horness

TERNUS, Justice.

This case requires the court to decide the extent of the obligation assumed by the State when the prosecutor promises to make a certain sentencing recommendation as part of a plea agreement with the defendant. We hold that mere technical compliance is inadequate; the State must comply with the spirit of the agreement as well. Consequently, we vacate the contrary decision of the court of appeals, vacate the defendant’s sentences, and remand for resentencing.

I. Background Facts and Proceedings.

The defendant, Robert Horness, was charged with three offenses: (1) operating a motor…