State v. Manko, Unpublished Decision (8-14-2000)
State v. Manko, Unpublished Decision (8-14-2000)
Opinion of the Court
OPINION
Appellant Cynthia Manko was charged with two counts of possession of cocaine, a felony of the third degree and a felony of the fourth degree. A conviction of the felony three charge would result in a mandatory prison sentence. Through her counsel, John Mackey, appellant approached Charlene Hardy, the prosecutor assigned to case, about a reduction in the felony three charge, in consideration for appellant cooperating with the authorities concerning others involved in drug activity. Attorney Mackey's understanding was that if appellant provided useful information to the authorities, a reduction in the charge would be considered by the prosecutor's office. As a result of this understanding, appellant was interviewed by Lieutenant Dennis Pellegrino of the Stark County Metropolitan Narcotics Unit. Appellant provided Pellegrino with the names of two males involved in drug activity, who were already known to the narcotics unit, and a female, who was not known to the unit. As a result of the conference, Lieutenant Pellegrino was concerned that using appellant in undercover work would be dangerous, not only to her, but to any agent of the office working with her. He declined the opportunity to use appellant. The State of Ohio proceeded on the original charges against appellant. Appellant filed a motion to enforce the plea agreement. The court held an evidentiary hearing on the motion. The court overruled the motion, finding that appellant failed to demonstrate a binding contract which was breached by the State. The court concluded that at best, the agreement was one to give consideration to a reduction of the charge, which is not a promise to reduce the charge. The court overruled the motion to enforce the plea agreement. Appellant pled no contest to the two charges of possession of cocaine. She was sentenced to one year incarceration on each count, to run concurrently. She assigns a single error on appeal:ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION TO ENFORCE PLEA AGREEMENT.
A plea bargain is contractual in nature, and is subject to the standard applied in contract law. Baker v. United States (C.A.6, 1986),
______________________ Gwin, P.J.
By Hoffman, J., and Wise, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.