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State v. Jenkins

Citations

  • 2020 Ohio 1480

Syllabus

CRIMINAL-NEGOTIATED PLEA AGREEMENT-RECOMMENDED SENTENCE-BREACH-CRIM.R. 11(F) - The trial court did not abuse its discretion in failing to enforce a verbal, negotiated plea agreement that was not stated upon the record in open court as required by Crim.R. 11(F). Even if the negotiated plea agreement had complied with Crim.R. 11(F), the defendant breached the agreement when he failed to appear for the scheduled sentencing hearing, thereby relieving the State of its obligations under the agreement. The terms of a plea agreement, including a recommended sentence, are not binding upon the trial court.

Judges: Smith

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