Pleas Not Subject To Unilateral Changes By Judge

When a trial judge wants to change a recommended sentence in a plea bargain, the state must be allowed to withdraw consent to that plea bargain.

 

State v. Kelly, 2016 BL 49123, Ga., No. S15G1197, 2/22/16

     The Georgia Supreme Court ruled that a judge cannot unilaterally change a portion of a negotiated plea and then force the state to accept the change. The court stated that "the trial court's authority to accept a plea agreement to a lesser charge flows from the State's consent to that agreement."

     The court indicated that if this were allowed, a court's ability to change plea deals would "not only weaken the inherent authority of the executive branch to control how individuals should be charged, but it would also chill the State's willingness to enter into such pleas."

     If courts want to reject sentence recommendations as part of a plea agreement to a lesser charge, they must give the state an opportunity to withdraw its consent to the plea and demand a trial.

http://www.bloomberglaw.com/public/desktop/document/THE_STATE_v_KELLEY_No_S15G1197_2016_BL_49123_Ga_Feb_22_2016_Court?1457453963