Breach of Plea Agreement

The appellant in this case originally pled guilty to a count of breaking
and entering. He entered into a plea agreement under a condition that
the State would not speak out during his sentencing. Going against this
promise, the state prosecutor spoke out during the sentencing saying things
like “He’s a career criminal” and “His record is one
of the longest I have seen in five years.” The defendant then made
a motion to withdraw his guilty plea but that motion was denied. Denial
of post-sentencing motion to withdraw plea was error where state breached
plea agreement requiring prosecutor to remain silent during sentencing,
Santobello and Crim.R. 32.1; defendant is entitled to new sentencing hearing.