· 2/22/1995
Commonwealth v. Kroh
Citations
- 654 A.2d 1168
- 440 Pa. Super. 1
- 1995 Pa. Super. LEXIS 373
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the Commonwealth’s inability, as a matter of law, to fulfill a term of a plea bargain results in a finding that it breached the plea agreement
- explaining that Commonwealth's legal inability to fulfill promise made in plea bargain resulted in breach of plea agreement such that defendant's guilty plea was not knowing and voluntary
- acknowledging defendant had option either to withdraw guilty plea or to obtain performance of the plea agreement, and granting defendant's choice of specific performance
- acknowledging defendant had option either to withdraw guilty plea or to obtain specific performance of the plea agreement, and granting defendant’s choice of specific performance
- “There is an affirmative duty on the part of the prosecutor to honor any and all promises made in exchange for a defendant’s plea.” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
Judges: Popovich, Elliott, Montgomery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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