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Tag Archives: Plea Agreement

Criminal Practice – Plea Agreement – Maximum Sentence – Incorrect Information (access required)

State v. Reynolds Even though, when the trial judge informed defendant of the maximum sentence he could receive if he pled guilty, the judge was only off by three months, we cannot say that an additional three months of possible imprisonment is not prejudicial. Further, we are reluctant to establish precedent for a trial court’s providing incorrect information to a defendant prior to accepting a guilty plea.

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Criminal Practice – Plea Agreement – Sentencing — Unenforceable – Voluntary Manslaughter (access required)

State v. Rico Where the sentencing judge failed to make any findings as to aggravating factors and failed to exercise his discretion in determining whether an aggravated sentence - as called for in defendant’s plea agreement - was appropriate, defendant’s original sentence was invalid as a matter of law.

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Criminal Practice – Sentencing – Plea Agreement – Crack Cocaine – 2007 Amendments – No Reduction (access required)

U.S. v. Brown A defendant whose Rule 11 plea agreement said his sentence for a crack cocaine offense would be between 180 and 240 months, cannot have his sentence reduced from 210 months to 180 months under the 2007 retroactive crack cocaine amendments; the 4th Circuit reverses the district court because defendant’s sentence was not “based on” a sentencing range that later was lowered; rather, it was based on his Rule 11 plea agreement.

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