State v. Walsh

The defendant agreed to plead guilty to second degree rape in exchange for the prosecutor’s promise to recommend a sentence at the low end of the standard *4range. However, the parties were mistaken about the proper standard range sentence—the standard range is higher than contemplated by the plea agreement. We hold that the plea agreement was not voluntary and that the defendant is entitled to challenge the plea’s validity for the first time on appeal.

Facts

Defendant Timothy Walsh was originally charged with first degree kidnapping, first degree rape, and second degree assault. He agreed to a…