plea agreement violation in Washington

2016State v. Grenning, 169 Wn.2d 47, 57 , 234 P.3d 169 (2010).

2016State v. Grenning, 169 Wn.2d 47, 57 , 234 P.3d 169 (2010).

2016State v. Grenning, 169 Wn.2d 47, 57 , 234 P.3d 169 (2010).

2016State v. Grenning, 169 Wn.2d 47, 57 , 234 P.3d 169 (2010).

2000“Because [plea agreements] concern fundamental rights of the accused, constitutional due process considerations come into play.” State v. Sledge, 133 Wn.2d 828, 839 , 947 P.2d 1199 (1997). 1 A breach of a plea agreement is a violation of due process.

2000"Because [plea agreements] concern fundamental rights of the accused, constitutional due process considerations come into play." State v. Sledge, 133 Wash.2d 828, 839 , 947 P.2d 1199 (1997). [1] A breach of a plea agreement is a violation of due process.

2000“Because [plea agreements] concern fundamental rights of the accused, constitutional due process considerations come into play.” State v. Sledge, 133 Wn.2d 828, 839 , 947 P.2d 1199 (1997). 1 A breach of a plea agreement is a violation of due process.

2000"Because [plea agreements] concern fundamental rights of the accused, constitutional due process considerations come into play." State v. Sledge, 133 Wash.2d 828, 839 , 947 P.2d 1199 (1997). [1] A breach of a plea agreement is a violation of due process.

2000“A breach of a plea agreement is a violation of due process.” Van Buren, 101 Wn.

2000"A breach of a plea agreement is a violation of due process." Van Buren, 101 Wash.App. at 211 , 2 P.3d 991 (citing Mabry v. Johnson, 467 U.S. 504 , 104 S.Ct. 2543 , 81 L.Ed.2d 437 (1984)) ("when the prosecution breaches its promise with respect to an executed plea agreement, the defendant pleads guilty on a false premise, and hence his conviction cannot stand"); see also State v. Wakefield, 130 Wash.2d 464, 472 , 925 P.2d 183 (1996) (breach of plea agreement is criteria for determining whether "manifest injustice" mandates withdrawal of guilty plea under CrR 4.2(f)).

2018See Washington v. Lampert , 422 F.3d 864 , 870-71 (9th Cir. 2005) (approvingly citing other jurisdictions' statements that waivers cannot bar ineffective assistance of counsel claims that are associated with the negotiation of plea agreements); United States v. White , 307 F.3d 336 , 341 (5th Cir. 2002) ("[A] waiver of appeal may not be enforced against a [federal habeas] petitioner who claims that ineffective assistance of counsel rendered that waiver unknowing or involuntary." (citing United States v. Henderson , 72 F.3d 463 , 465 (5th Cir. 1995) ) ); United States v. Cockerham , 237 F.3d 11

2018See Washington v. Lampert , 422 F.3d 864 , 870-71 (9th Cir. 2005) (approvingly citing other jurisdictions' statements that waivers cannot bar ineffective assistance of counsel claims that are associated with the negotiation of plea agreements); United States v. White , 307 F.3d 336 , 341 (5th Cir. 2002) ("[A] waiver of appeal may not be enforced against a [federal habeas] petitioner who claims that ineffective assistance of counsel rendered that waiver unknowing or involuntary." (citing United States v. Henderson , 72 F.3d 463 , 465 (5th Cir. 1995) ) ); United States v. Cockerham , 237 F.3d 11

2018See Washington v. Lampert , 422 F.3d 864 , 870-71 (9th Cir. 2005) (approvingly citing other jurisdictions' statements that waivers cannot bar ineffective assistance of counsel claims that are associated with the negotiation of plea agreements); United States v. White , 307 F.3d 336 , 341 (5th Cir. 2002) ("[A] waiver of appeal may not be enforced against a [federal habeas] petitioner who claims that ineffective assistance of counsel rendered that waiver unknowing or involuntary." (citing United States v. Henderson , 72 F.3d 463 , 465 (5th Cir. 1995) ) ); United States v. Cockerham , 237 F.3d 11

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2018Broce , 488 U.S. 563 , 569, 109 S.Ct. 757 , 102 L.Ed. 2d 927 (1989) ) ); DeRoo v. United States, 223 F.3d 919 , 924 (8th Cir. 2000) ("A defendant's plea agreement waiver of the right to seek [federal habeas] relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel." (citing Jones, 167 F.3d at 1145 ) ); United States v. Espinoza Abarca , 985 F.2d 1012 , 1014 (9th Cir. 1993) ; Sanders v. State , 412 S.C. 611 , 615, 773 S.E.2d 580 (2015) ("[W]e a

2015We affirm our decision in State v. Sanchez that investigating officers cannot make sentence recommendations contrary to a plea agreement. 146 Wn.2d 339 , 46 P.3d 774 (2002). ¶12 We also hold that the same due process concerns precluding an investigating officer from undermining a plea agreement bar that officer from making unsolicited remarks on a victim’s behalf to the court at sentencing that are contrary to the plea agreement.

2015We affirm our decision in State v. Sanchez that investigating officers cannot make sentence recommendations contrary to a plea agreement. 146 Wn.2d 339 , 46 P.3d 774 (2002). ¶12 We also hold that the same due process concerns precluding an investigating officer from undermining a plea agreement bar that officer from making unsolicited remarks on a victim’s behalf to the court at sentencing that are contrary to the plea agreement.

2006Under Clarke, 156 Wn.2d 880 , and Borhoa, 157 Wn.2d 108 , Blakely does not apply to indeterminate minimum sentences under former RCW 9.94A.712 that do not exceed the maximum sentence imposed.

2006Under Clarke, 156 Wn.2d 880 , and Borhoa, 157 Wn.2d 108 , Blakely does not apply to indeterminate minimum sentences under former RCW 9.94A.712 that do not exceed the maximum sentence imposed.

2000"A breach of a plea agreement is a violation of due process." Van Buren, 101 Wash.App. at 211 , 2 P.3d 991 (citing Mabry v. Johnson, 467 U.S. 504 , 104 S.Ct. 2543 , 81 L.Ed.2d 437 (1984)) ("when the prosecution breaches its promise with respect to an executed plea agreement, the defendant pleads guilty on a false premise, and hence his conviction cannot stand"); see also State v. Wakefield, 130 Wash.2d 464, 472 , 925 P.2d 183 (1996) (breach of plea agreement is criteria for determining whether "manifest injustice" mandates withdrawal of guilty plea under CrR 4.2(f)).