State v. Layman, 22307 (2-22-2008)

OPINION

{¶ 1} In this appeal, we are asked to determine whether a trial judge who agrees to impose a negotiated sentence is bound by that agreement, even though the defendant fails to appear for sentencing at the appointed time. Reluctantly, we answer "yes."

{¶ 2} On April 9, 2007, Michael Layman entered a guilty plea to fifth degree felony breaking and entering. The trial judge "approve[d] and accept[ed]" the agreement between Layman and the State that if a sentence were imposed, it would not exceed seven months. After pleading guilty, Layman's bond was reduced and he was released from custody…