Lopez v. Mills

Petitioner appeals the post-conviction court’s judgment, which granted him relief, but not the relief he requested. Petitioner argues that, because the state breached its agreement to recommend that he be paroled, the court had to order that he be released on parole or that his conviction be vacated. According to petitioner, the court’s chosen relief — an order that the state make the agreed-upon recommendation at a new parole hearing — was inadequate because it did not give him the benefit of the agreement. For the reasons explained below, we disagree and, therefore, affirm.

The relevant…