280 P.3d 198
Idaho Ct. App.2012Background
- Stocks pleaded guilty to lewd conduct with a minor under sixteen by manual-genital contact; other charges were dismissed.
- Plea agreement required the State to recommend a sentence with retained jurisdiction at sentencing.
- PSI recommended retained jurisdiction; Stocks sought probation or suspended sentence at sentencing.
- Prosecutor, consistent with the plea, recommended retained jurisdiction but highlighted concerns from the record and evaluator.
- District court imposed a fixed ten-year incarceration with two years fixed, no retained jurisdiction or probation.
- Stocks appeals claiming prosecutorial breach of the plea agreement; issue framed under Perry and related due process standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial breach of plea agreement at sentencing | Stocks argues the prosecutor breached the agreement by arguing inconsistent with retained jurisdiction. | State contends no clear breach and arguments were consistent with the plea terms. | No clear breach; claim not reviewable as fundamental error; affirmed. |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (U.S. 1971) (plea agreement promises must be fulfilled)
- Mabry v. Johnson, 467 U.S. 504 (U.S. 1984) (due process requires understanding of plea procurements)
- State v. Rutherford, 107 Idaho 910 (Idaho 1985) (plea-based promises and voluntariness principles)
- United States v. Benchimol, 471 U.S. 453 (U.S. 1985) (prosecutor's recommendation need not be enthusiastic)
- State v. Halbesleben, 147 Idaho 161 (Idaho Ct. App. 2009) (vigorous argument can bolster, not undermine, recommendations)
- State v. Perry, 150 Idaho 209 (Idaho Ct. App. 2010) (unobjected prosecutorial error analyzed under Perry framework)
- State v. Gomez, Idaho (Idaho _) (Perry framework applied to prosecutorial breach at rider/sentencing)
- State v. Longest, 149 Idaho 782 (Idaho 2010) (applies Perry to plea-related sentencing challenges)