State ex rel. Rodriguez v. Cain
State ex rel. Rodriguez v. Cain
Opinion of the Court
IN RE: Rodriguez, Felix Jr.; Applying for Writ of Certiorari and/or Review, Su
Granted. The sentence is vacated, and the case is remanded to the district court for resentencing, before a different trial judge, in conformity with the plea bargain. See Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971).
Concurring Opinion
concurs. In the plea agreement the prosecutor agreed not to make any recommendations as to sentence, yet proceeded to do so in a confidential report submitted to the judge. Such misconduct warrants at least the relief granted in this order. This case also illustrates another reason probation officers should be prohibited from obtaining sentence recommendations from the district attorney in preparing presentence investigation reports.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.