State v. Thompson
Annotate this CaseDefendant pleaded guilty to possession of a controlled substance pursuant to a plea agreement. The district court deviated from the recommended sentence in the plea agreement. However, the court did not give its reason for Defendant’s sentence in the written sentencing order. The court of appeals affirmed the sentence because, under current caselaw, Defendant waived his appeal rights as to his sentence by waiving reporting of the sentencing hearing. The Supreme Court affirmed in part and vacated in part the court of appeals, holding (1) a defendant who waives reporting of sentencing and fails to provide a recreated record does not waive error when the sentencing judge fails to indicate on the written record the reasons for the sentence imposed; and (2) the district court did not err by deviating from the plea agreement in this case.
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