Legal Question in Criminal Law in South Dakota

Plea Agreement and Compliance

In 1997, my husband pled guilty to Att. Manslaughter, 1st degree, on a plea agreement. This was his 2nd felony (DUI was other). The plea agreement stipulated he would do 50% of his time, or 10 years. The judge reiterated this in court, and entered it as sentence. When he got to the pen, he was told that he would do the 65% (13 years) instead of what the judge had ordered and the plea bargain stipulated. How can that be true??? The 10 years was in the plea agreement! Can "Specific Performance" apply to this? Thank you.


Asked on 6/16/00, 11:06 pm

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: Plea Agreement and Compliance

Specific performance may be available to enforce a lawful plea agreement. However, if the judge was wrong about the sentencing choices legally available and imposed an unlawfully lenient sentence, the only recourse would be to set aside the plea.

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Answered on 8/16/00, 1:42 pm


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