¶1Defendant appeals his conviction of aggravated sexual assault, contending that the trial court erred in denying his motion to withdraw his guilty plea.
¶2Defendant was originally charged by a four-count information with aggravated sexual assault, aggravated kidnapping, aggravated burglary, and aggravated assault. *1354He entered into plea negotiations with the prosecution and it was agreed that defendant would plead guilty to aggravated sexual assault and the other charges would be dropped. The prosecution also agreed to recommend to the trial court that defendant be evaluated by the Utah State Hospital to determine defendant’s eligibility for the hospital’s sexual offender program.
¶3The court accepted defendant’s guilty plea and, in accordance with the prosecutor’s recommendation, ordered defendant to undergo a 30-day evaluation at the hospital. When defendant arrived at the hospital, an administrator telephoned the court and indicated that defendant was ineligible for the program because of his conduct at a previous evaluation (to determine defendant’s competency to stand trial). Defendant was deemed a security threat and was not given an evaluation, but was returned to jail.
¶4Subsequently, defendant moved to withdraw his guilty plea on the ground that the reason he entered into plea negotiations was to have an opportunity to be evaluated. Following argument, the court denied defendant’s motion and sentenced him to an indeterminate term of five years to life.
¶5Defendant concedes that the prosecution fulfilled its part of the bargain,
¶6Clearly, the court was under no obligation to accept the prosecution’s recommendation that defendant be ordered to undergo an evaluation.
¶7The conviction and sentence are therefore hereby affirmed.
¶8.As required under Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).
¶9. See State v. Hanson, Utah, 627 P.2d 53 (1981).
¶10. State v. Harris, Utah, 585 P.2d 450 (1978).