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STATE v. CARRENO-MALDONADO

No. 33039-3-II.

143 P.3d 343 (2006)

STATE of Washington, Respondent, v. Alfredo CARRENO-MALDONADO, Appellant.

Court of Appeals of Washington, Division 2.

September 19, 2006.

Attorney(s) appearing for the Case

Todd Andrew Campbell, Pierce County Pros. Attorneys Office, Tacoma, WA, for Respondent.

Rita Joan Griffith, Attorney at Law, Seattle, WA, for Appellant.

QUINN-BRINTNALL, C.J.

¶ 1 Alfredo Carreno Maldonado appeals the trial court's denial of his motion to withdraw his guilty plea. We hold that the deputy prosecutor's statements at the sentencing hearing breached the plea agreement by undercutting the State's agreed sentence recommendation. Because such error is not subject to harmless error analysis, we reverse and remand.

FACTS

¶ 2 The State charged Carreno-Maldonado with 15 counts: 9 counts...

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