State v. Brown

OPINION

CRIPPEN, Judge. *

In this pretrial appeal, the state challenges a district court order allowing re spondent Ted Brown to plead guilty to the lesser offense of fourth-degree criminal sexual conduct and dismissing the indictment charging respondent with first- and third-degree criminal sexual conduct. Because the court clearly erred in enforcing an executory plea agreement, we reverse and remand for further proceedings.

FACTS

Respondent is charged with a sexual assault that occurred in the early morning hours of February 2, 2003, at a resort in Onamia. The grand jury indicted respondent on…