Necessity of Respecting a Bargain Once Made
Santobello – new P takes over case and recommends maximum sentence even though old P had promised D that there would be no sentencing recommendation
when plea rests on promise or agreement by P, so that it is part of the inducement or consideration, D should get specific performance
notion of a contract
OOCC: D entitled to specific performance when plead guilty had a deal that good behavior would lead to parole eligibility; new governor must comply with old’s promise
if D is scared judge going to give huge sentence, plead guilty to something that has a maximum statutory sentence
NC: D got deal by promising to testify fully against others; others convictions were appealed and remanded and D refused to testify a second time; so state vacated the D’s plea, was retried, and sentenced to death. Held: D was required to testify fully under agreement
Role of the Victim – Texas Rule (g) victim participation, informing status of case
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