LaPena v. State

*136OPINION

By the Court,

Springer, J.:

Frank LaPena has appealed from convictions of robbery and first degree murder. The convictions are reversed because the prosecution’s case depended substantially upon out-of-court statements and preliminary examination testimony obtained from a purported accomplice, Jerry Weakland, who testified pursuant to an executory conditional plea bargain.

Weakland was apprehended for the robbery and murder of Hilda Kraus. He ultimately admitted that he had robbed the woman and killed her. At the time of Weakland’s preliminary examination, he agreed to cooperate with the…