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STATE v. WILLS

No. 29980.

102 P.3d 380 (2004)

140 Idaho 773

STATE of Idaho, Plaintiff-Respondent, v. Daniel Christian WILLS, Defendant-Appellant.

Court of Appeals of Idaho.

November 23, 2004.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Christopher D. Schwartz, Deputy Appellate Public Defender, Boise, for Appellant. Christopher D. Schwartz argued.

Hon. Lawrence G. Wasden, Attorney General; Jessisca Marie Borup, Deputy Attorney General, Boise, for respondent. Jessica Marie Borup argued.

PERRY, Judge.

Daniel Christian Wills appeals from his judgment of conviction and sentences for two counts of lewd conduct with a minor under sixteen years of age. Wills contends that the state breached its plea agreement to recommend specific sentences by presenting argument that undermined the recommendation. For the reasons set forth below, we vacate Wills' judgment of conviction and sentences and remand for resentencing.

I.

FACTS AND PROCEDURE...

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