STATE v. JONES

No. 28385.

77 P.3d 988 (2003)

139 Idaho 299

STATE of Idaho, Plaintiff-Respondent, v. Michael Wayne JONES, Defendant-Appellant.

Court of Appeals of Idaho.

September 22, 2003.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Julie Dawn Reading, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, for respondent.


LANSING, Chief Judge.

Michael Wayne Jones appeals from the sentence imposed upon his plea of guilty to aggravated assault. He contends that the State violated its plea agreement in the sentencing recommendation made by the State. Because we conclude that the prosecutor did not honor the plea agreement, we vacate Jones's sentence and remand for resentencing.

I.

BACKGROUND

As a result of a beating that Jones inflicted on his wife, he was...

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