State v. Jerde

Thorsten M. Jerde appeals his exceptional sentence of 497 months’ incarceration after his guilty plea to second degree murder. We hold that by emphasizing aggravating factors in the murder at sentencing, without prompting by the sentencing court, the prosecutor breached the plea agreement and undercut the sentencing recommendation of 346 months. We reverse and remand for Jerde to make an election, before a different judge, as to whether he desires withdrawal of his plea of guilty or specific performance of the agreement.

In December 1996, Scott Claycamp, a 29-year-old caregiver for the…