Beermunder v. State

A question has arisen whether our panel can second-guess and deem erroneous the parties’ stipulation that three defense motions are dispositive, thereby justifying dismissal of this appeal on jurisdictional grounds.1 In the sentencing recommendation and at the sentencing hearing, the prosecutor stipulated that the resolution of the motions would be dispositive.2 In a *1001footnote in its appellate brief (and a bit at oral argument), however,- the State equivocated on the stipulation’s validity, characterizing it as “simply a concession to permit the defendant the power to. appeal.” The trial judge…