405 So. 2d 49 | Ala. Crim. App. | 1981
On his guilty plea the defendant was convicted of arson in the first degree and burglary in the second degree.
When the facts of this case are reduced to their simplest and clearest form, the record before this Court shows that the prosecutor promised to make a recommendation that the defendant receive two five year sentences to run concurrently; that in pleading guilty the defendant relied upon this promise; and that the prosecutor never made the promised recommendations.
We find no substantial distinction between the facts of this case and those in English v. State,
The judgment of the Circuit Court is reversed and the cause remanded.
REVERSED AND REMANDED.
All Judges concur.