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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.