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STATE v. SCHAUPP

No. 53342-3.

111 Wn.2d 34 (1988)

757 P.2d 970

THE STATE OF WASHINGTON, Respondent, v. WARREN F. SCHAUPP, Appellant, BETTY RICHARDSON, Respondent.

The Supreme Court of Washington, En Banc.

July 14, 1988.

Attorney(s) appearing for the Case

Rovai, Miller, Foley & Orlando and John A. Miller, for appellant.

Patrick D. Sutherland, Prosecuting Attorney for Thurston County, and John S. Bumford, Deputy, for respondent State.

Wolfe, Lobsenz & Cullen, by James E. Lobsenz and John W. Wolfe, for respondent Richardson.

John W. Ladenburg, Prosecuting Attorney for Pierce County, and Chris Quinn-Brintnall, Senior Appellate Deputy, amici curiae for respondent State.

CALLOW, J.

Warren Schaupp seeks reinstatement of his guilty plea made pursuant to a plea agreement. The trial court vacated the plea due to a misrepresentation made by the prosecutor at the plea hearing. We hold Schaupp is entitled to reinstatement of his guilty plea and specific performance of the agreement.

The procedural history of this case is complex and only those facts necessary to the decision will be set forth. On July 22, 1985, Schaupp was charged...

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