State v. Carreno-Maldonado

¶1 Alfredo Carreno-Maldonado appeals the trial court’s denial of his motion to withdraw his guilty plea. We hold that the deputy prosecutor’s statements at the sentencing hearing breached the plea agreement by undercutting the State’s agreed sentence recommendation. Because such error is not subject to harmless error analysis, we reverse and remand.

FACTS

¶2 The State charged Carreno-Maldonado with 15 counts: 9 counts of first degree rape, 2 counts of second degree rape, 2 counts of first degree robbery, 1 count of first degree kidnapping, and 1 count of second degree assault. The parties…