State v. Thomas

Opinion

ROGERS, C. J.

The issue raised by this interlocutory appeal is whether the double jeopardy clause of the fifth amendment to the United States constitution bars a trial court from vacating a previously accepted guilty plea if the court later determines, on the basis of new information uncovered during the presentence investigation, that the sentence contemplated by the plea agreement is inappropriate. The defendant, Dereck Thomas, appeals from the trial court’s denial of his motion to dismiss the information. We affirm the decision of the trial court.

The defendant pleaded guilty pursuant…