State v. Rico

I concur with the portions of the majority opinion vacating Judge Lanier’s order on defendant’s motion for appropriate relief and his amended Judgment and Commitment of 18 March 2010.1 further concur in the portion of the opinion discussing the award of restitution.

I dissent in this matter because the plea arrangement of 1 October 2008 must be set aside, and this matter remanded to the trial court for disposition of the murder charge against defendant.

I. Factual and Procedural Background

On 29 September 2008, Felipe Alfaro Rico (defendant) was indicted for the murder of Mario Alberto…