State v. Barber, 170 Wash. 2d 854

Barber pleaded guilty to felony DUI, under a plea agreement that recommended 51 months to run concurrently with another case and credit for time served.
The plea form did not indicate any community custody term; the box for community custody was left unchecked.
At sentencing, the court followed the State’s 51-month recommendation, with no mention of community custody.
Approximately six months later, Barber’s offense was found to carry a mandatory 9 to 18 month term of community custody, triggering a State motion to amend the judgment.
The trial court and Barber treated the plea as mutual mistake and Bar ber elected specific performance; the court then resentenced to include the statutorily mandated community custody.
The Court of Appeals affirmed the modification; the Supreme Court granted review to address whether Miller allows specific performance of an illegal sentence in a mutual-mistake context.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Miller correct to permit specific performance for mutual mistake?	Barber argues Miller should enforce an illegal sentence.	State argues Miller correctly extends specific performance to mutual-mistake cases.	Miller is incorrect; overruled.
Is Miller harmful to sentencing framework and separation of powers?	Barber contends Miller protects due process and defendant rights.	State contends Miller preserves flexibility in sentencing and avoids coercive outcomes.	Miller is harmful and overruled on that basis.
What is the proper remedy for mutual-mistake plea terms when a sentence is illegal?	Barber seeks specific performance to enforce the illegal sentence.	State contends withdrawal is the appropriate remedy, not enforcement of an illegal sentence.	Specific performance is not available; withdrawal is the only authorized remedy.

Santobello v. New York, 404 U.S. 257 (U.S. 1971) (promises in plea bargains must be honored; remedy can be specific performance or withdrawal)
State v. Miller, 110 Wn.2d 528 (Wash. 1988) (expanded Santobello to mutual mistake; allowed specific performance enforce illegal sentence)
Cosner, 85 Wn.2d 45 (Wash. 1975) (due process notice and enforcement context; misread by Miller)
State v. Tourtellotte, 88 Wn.2d 579 (Wash. 1977) (plea bargains bind court to terms once accepted; breach remedy context)
State v. Knighten, 109 Wn.2d 896 (Wash. 1988) (courts cannot bind to punish beyond statutory authorization)
In re Pers. Restraint of Isadore, 151 Wn.2d 294 (Wash. 2004) (recognizes two remedies for involuntary guilty pleas)