Summary
The Supreme Court of Wyoming held that the State materially breached Ford's plea agreement by failing to recommend the agreed-upon suspended sentence and by arguing that Ford was unsuitable for alternative placement. Because the breach provided a fair and just reason for withdrawal of the guilty plea before sentencing, the court reversed and remanded with instructions that Ford be allowed to withdraw his plea. The court did not address the alleged discrepancy between the oral and written sentences.
Topics
Practice areas
Questions Presented
- Whether the State materially breached the plea agreement by failing to recommend suspension of the prison sentence and by arguing that Ford was unsuitable for alternative placement, thereby entitling Ford to withdraw his guilty plea before sentencing.
Holdings
- The State materially and substantially breached the plea agreement by recommending a prison term without recommending suspension and alternative placement, and by arguing that Ford was unsuitable for anything other than prison. Because Ford moved to withdraw his plea before sentencing, the breach supplied a fair and just reason for withdrawal.
Key quotations
“A plea agreement is a contract between the State and a defendant. As such, both parties must adhere to the terms of the contract, and each party is entitled to the benefit of the bargain entered.” (69 P.3d at 410-411)
“If the prosecutor's performance of the terms of a plea agreement is not possible, a withdrawal of the plea is the correct remedy.” (69 P.3d at 412)
“The prosecutor's remedy was not to violate or mischaracterize the agreement but rather move to withdraw the plea agreement if she did not wish to be bound to its terms.” (69 P.3d at 412)
Factual background
Ford was charged with first-degree sexual assault and entered a guilty plea under an agreement requiring the State to recommend a five-to-ten-year prison sentence suspended for placement in the Intensive Supervision Program or Adult Community Corrections, with sex-offender treatment and standard probation conditions. All three programs to which Ford was referred rejected him. At sentencing, the prosecutor not only recommended the prison term but argued that Ford was a bad risk for alternative placement and suitable only for prison, relying on adverse conduct described in the record. Ford moved to withdraw his plea before sentence was imposed, but the district court denied the motion and sentenced him to six to ten years.
Procedural history
Ford was charged with first-degree sexual assault, initially pleaded not guilty, and was later permitted to plead guilty under an agreement calling for a recommendation of a five-to-ten-year sentence suspended for placement in an alternative supervision or community-corrections program. After those programs rejected him, the prosecutor argued at sentencing that Ford was unsuitable for alternative placement and effectively recommended prison time. The district court denied Ford's motion to withdraw his plea and sentenced him to six to ten years in prison. The Wyoming Supreme Court reversed and remanded.
Remand instructions
The judgment and sentence is reversed, and the matter is remanded with directions that Ford be allowed to withdraw his guilty plea.