State v. Simons

I respectfully dissent. The majority seems to find two aspects of this case so significant as to trigger a special limitation on the state’s discretion involving pretrial intervention (PTI). First, the majority emphasizes there was a “settlement agreement” in which the state agreed to offer the defendant PTI. Second, the majority emphasizes that through this “settlement agreement,” the criminal ease against Si-mons was inexorably tied to the simultaneous civil proceeding. The crux of the majority’s opinion is that once the state signs a written offer to a criminal defendant that includes PTI,…