Ditto v. State

OPINION

MEYERS, J.,

delivered the unanimous opinion of the Court.

Appellant Anthony Ray Ditto was charged with indecency with a child. In an unrelated case, appellant Lemar Ervin was charged with sexual assault. These cases have been consolidated because they present similar issues. 1

I

Pursuant to nearly identical plea bargains, appellants agreed to plead guilty in exchange for the State’s recommendation that the punishment not exceed ten years confinement. Appellants also both filed applications for probation. In Ditto’s plea bargain, the State noted it had “no recommendation on the Defendant’s…