State v. Morrison

[¶ 1.] Alleging that the State breached the terms of his plea agreement, Ashley David Morrison (Morrison) appeals his sentence. Morrison requests that his sentence be vacated and the matter be remanded for resentencing before a different judge.

FACTS

[¶ 2.] Morrison was charged with a violation of SDCL 22-22-7, sexual contact with a child under sixteen. 1 Morrison and the states attorney reached a plea agreement. The plea agreement, as contained in the presentence report and referenced by Morrison in his appeal brief, reads:

Plead guilty to Sexual Contact with a Child Under Sixteen Years of Age,…