Stone v. Cupp

The state appeals an order granting post- conviction relief.

Petitioner was indicted for burglary, attempted murder and carrying a dangerous weapon. Plea negotiations resulted in a written agreement that the petitioner would plead no contest to attempted murder, in return for which the state would dismiss the other charges and recommend "incarceration.” Defense counsel understood that the agreement to recommend incarceration meant as a matter of practice that the prosecutor’s recommendation could be general or for a specified time period up to the maximum. Defense counsel did not communicate…