Ervin v. State

OPINION

RICKHOFF, Justice.

Lemar Ervin appeals from an order of the trial court sentencing him to twenty years’ confinement for sexual assault. We reverse and remand.

Facts

Ervin was charged by indictment with sexual assault. He, his attorney, and the prosecutor signed a plea agreement providing that Ervin would plead guilty and the prosecutor would recommend as punishment a “10 year cap [and] $1000 fine if prison time probated.” Pursuant to this agreement, Ervin pled guilty and the prosecutor recommended “a cap of ten years and, if [Ervin] is granted probation, a fine of $1000 and restitution,…