State v. Davis
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The Supreme Court affirmed Defendant's convictions but vacated his sentence and remanded the case for resentencing by a different judge, holding that the prosecutor breached the parties' plea agreement by failing to recommend a suspended sentence in the manner required by precedent.
Defendant pleaded guilty pursuant to an Alford plea to lascivious acts with a child and indecent contact with a child. The court, without mentioning the plea agreement or the State's recommendation, sentenced Defendant to a combined seven-year prison sentence that was not suspended. Defendant appealed, but the court of appeals dismissed the appeal. The Supreme Court affirmed Defendant's convictions and vacated his sentence, holding (1) the court of appeals erred by dismissing Defendant's appeal for lack of jurisdiction; and (2) the prosecutor breached the plea agreement by not actually recommending that the district court suspend the sentences.
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