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.