State v. Wheeler

631 P.2d 376, 379 (1981)

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Nature of the Case

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Facts

Prior to trial D's attorney and the trial prosecutor entered into a plea bargain negotiation whereby D offered to plead guilty to second degree assault with a deadly weapon and the prosecution apparently agreed to drop the firearm allegation, to drop the kidnapping charge, and to recommend a 3-year deferred sentence conditioned on 120 days in jail (with work release), restitution, and payment of costs. There is substantial evidence that the bargain was first accepted by the prosecutor who then revoked the acceptance shortly before the guilty plea was to be entered. The trial prosecutor maintains, however, that no formal acceptance occurred. D sought specific performance of a prosecutor's initial offer to plea bargain a criminal matter. D contends that the prosecutor could not legally rescind the offer until D had an opportunity to accept it.