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405 So. 2d 49

Griggs v. State

Court of Criminal Appeals of Alabama · decided 1981-08-04

Cited by 1 later decisions — most recently December 1982

1 state decisions

Relies on Santobello v. New York · B. F. Goodrich Co. v. Butler · 56 Ala. App. 704 - English v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-08-04

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BOWEN, Judge.

¶1On his guilty plea the defendant was convicted of arson in the first degree and burglary in the second degree.

¶2When the facts of this case are reduced to their simplest and clearest form, the record before this Court shows that the prosecutor promised to make a recommendation that the defendant receive two five year sentences to run concurrently; that in pleading guilty the defendant relied upon this promise; and that the prosecutor never made the promised recommendations.

¶3We find no substantial distinction between the facts of this case and those in English v. State, 56 Ala.App. 704, 325 So.2d 211, cert. denied, 295 Ala. 401, 325 So.2d 216 (1975). Because it is undisputed that the prosecutor did not make his recommendations as promised, this case must be reversed and remanded. See Griswold v. City of Enterprise, 384 So.2d 1219 (Ala.Cr.App. 1980). This result is compelled under Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).

¶4The judgment of the Circuit Court is reversed and the cause remanded.

¶5REVERSED AND REMANDED.

All Judges concur.
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