Congo v. State

BOWEN, Presiding Judge.

The defendant was indicted and convicted for grand larceny and burglary in the second degree. Sentence was ten years’ imprisonment. Two issues are presented on appeal.

The defendant alleges that the indictment should be dismissed because he pled guilty to a federal offense partially in exchange for an agreement that he would not be prosecuted on any pending state offense.

The facts, reduced to their simplest terms, show that the defendant’s attorney asked an assistant district attorney if the district attorney’s office would be willing to dismiss any pending cases against…